The Act Number 44 of 2008 on Pornography (Indonesian: Undang-Undang Nomor 44 Tahun 2008 Tentang Pornografi), commonly known as Pornography Law (Undang-Undang Pornografi), is a law in Indonesia on pornography which was passed on 30 October 2008. It was proposed as the Bill against Pornography and Porno-Action (Indonesian: Rancangan Undang-Undang Anti Pornografi dan Pornoaksi), sometimes translated as Bill against Pornography and Pornographic Acts, by the Indonesian legislative assembly, Dewan Perwakilan Rakyat, on 14 February 2006. The bill was passed into an act on 30 October 2008.
A similar bill was discussed and unsuccessfully presented in the 1990s but was withdrawn in the face of opposition.[1]
The 2005–06 bill attracted extensive opposition and was dropped, only to be reintroduced in 2008 as the Bill on Pornography.[1] The bill states that anyone engaging in pornography and pornoaction is punishable by law, pornoaction being an invented word that means "actions deemed indecent." This includes, but is not limited to, public acts such as spouses kissing,[2] women showing their navels or shoulders, and people sunbathing in bikinis or swimwear.
Indonesia’s strict anti-pornography laws impose up to four years in prison for possessing or downloading explicit materials. While prostitution is not explicitly illegal, it is often targeted under “crimes against decency/morality.” Despite regulations, the practice persists, with sex workers bribing law enforcers to avoid prosecution.[3]
This bill provoked a severe negative reaction from many people who believed that the government is trying to limit their freedom. Several public demonstrations ensued both by people who supported (the Prosperous Justice Party (PKS) and Muslim religious leaders) and those who rejected the bill as too broad-ranging and a restriction on personal freedom.
In 2010 the anti-pornography law was challenged but Indonesia's Constitutional Court upheld the ban and stated that the law's definition of pornography was clear and did not violate the constitution.[4]