In
deference to the recent issue that has idiotically gained airtime on TV, print
publication, current affairs, and my friend's petition, whose identity we shall
protect from the authorities and so shall hide under the pseudonym Wusamah
Margono Halimun, I am, in case you-eavesdropping-rumor-mongering authorities
happen to understand a bit of English and therefore would like to know what my
name is, or aliases if any, which is Manda Azhairie ... or Tom Cruise; I am
herewith reprinting an article I'd written when the issue first came out.
My ignorance ignited my acquiescence, my moronic belief that such an issue
would have died its natural death. Unfortunately, it didn't.
After all, the only way for a bad thing to exist is for the good people to do
nothing.
I'm not good. Never was and never will be. But some of the people still are.
Therein lies the hope.
A
KISS IS JUST A KISS, A SIGH IS JUST A SIGH
By N. Mark V. Castro
You
arrive at the Soekarno-Hatta Airport after being away for some time, you see
the woman you love patiently waiting for you, and caught between the winds of
winter and summer, you kiss her passionately, with much longing in your heart,
with much happiness that, at last, you are home … then they cuff your hands and
lock you up in jail for 10 years.
That, in a nutshell, is part of the New Criminal Law.
“The proposed draft includes provisions banning public kissing, unmarried
couples from living together and adultery. Offenders caught kissing in the open could be jailed up to 10 years
and fined as much as 300 million rupiah (33,000 dollars) under new penalties,”
according to AFP News, France.
As most expats go, we tend to look for things that we neglected or enjoyed back home in a new place where we insist on it being our new homes. We may have different views about daily living, even belief, but scratch that skin and you will find Malay blood coursing through it. Hence, Indonesia and the Philippines have shared a symbiotic relationship over the years, as neighbors, as trade partners, as allies, as friends, as ASEAN brothers.
But the proposed New Criminal Law range from the almost apologetic to the
openly apoplectic. One is positively apocalyptic, invoking the wrath of God to
fall on those human creations that do not extol His glory.
But a kiss ... I have meticulously searched all the Holy Books known to man and have not come across a single entry on God's desire to punish any living creature from kissing each other, either in public or in private. And yet, here we have gifted men walking on earth with us who invoke morality and righteousness as though only they were ordained with wisdom by God. Given the chance, I wouldn't be surprised if they chose who got Wind or Sun today. Ironically, sinners or saints both get the same privilege under God.
"This is in response to the wishes of the people," Abdul Ghani Abdullah, Indonesia's director general of legislation, told the Associated Press news agency.
What people? Which people? All 200 million of them? Besides, even if an ordinary kiss gets out of hand in public, there is already an existing law that curtails them. Why add more? It's not like we see young teenagers or even adults kissing in public all the time. I have spent a lot of time in Indonesia's premiere malls and have not come across a couple of kids spending hours on the bench or even standing up kissing each other. I barely see any couple kissing each other inside the theatres.
What people? Which people? Which country?
Mankind is replete with history of people kissing. Artists, poets, singers have all written much about a kiss. And here we are, way into the birth of a new millennium, trying to curtail it? Wait, wait, wait and backtrack a bit. Are we going forward or backward? Do you really have to spend taxpayers' money for two years debating over public kissing? Shouldn't that money be allocated to the poor instead? Besides, I'd rather prefer a couple kissing in public anytime, anywhere than two people fighting.
"Kissing in public is a crime if the people around are not happy and lodge a complaint. But if they think it's all right, then no action will be taken," justice ministry official Abdul Gani Abdullah told AFP as reported by Matthew Moore, Herald Correspondent in Jakarta.
But who
decides when it becomes a crime and when it isn’t, the public? Therefore
anybody can make an accusation. This is a big headache waiting to happen when
it could have been avoided to begin with. A kiss? A kiss becomes a crime? What
kind of kiss? A French kiss? A peck? Isn’t there a law that prohibits acts of
lasvisciousness? Must we go to the extreme of deciding which kiss is criminal?
It wasn’t even a question of whether or not it’s immoral. It goes right away to
being criminal.
A kiss.
Articles 469 and 473 dictate that anyone may be charged with violating pornography laws --- which carry sentences between 5 and 12 years.
The bill couldn't even pin down what constitutes "lewd" or "pornographic". It almost makes you think their authors spent or plan to spend a great deal of time dwelling on it or are engaged in some kind of acts projecting their fantasies and prescribing punishments for them. I can almost picture their research assistants watching stripshows all over the world intently in dark joings and telling grinning acquaintances who espy them in scornful tones, "In aid of legislation."
But this is the sort of seemingly trivial thing that has not very trivial
consequences. You can't afford to dismiss it blithely. I can appreciate how
some parents might feel at having the frail sensibilities of their children
assaulted by ads in newspapers, TV and billboards that show women (and men) in
a state that little improves on the one they got launched into the world in.
Though while at this, surely the frail sensibilities of those children stand to
be more ravaged by ads that ask them to change the color of their skin through
skin whiteners? Yet no MP has thought to protest this. But these bills do not
make things better, as decency goes, they make things worse. This is one cure
that is patently worse than the affliction.
At the very least, it poses a danger not to pornography but to art. A lesson in
caution, how do you decide Leonardo Da Vinci’s work on The Man? Further, you
likewise cannot invite your Egyptian neighbors for their cultural dance because
they show their belly buttons for their belly dancing. And you can now see the
decline on traditional dance and music such as Dangdut, Jaipongan, and even
Balinese culture. All these cultural values that have been handed down from one
generation to another, all these gone, forever erased from the memory, and all
because of a legislative act that wanted to be Godly?
Indeed, pornography is not an easy animal to identify. Naked bodies, particularly as those locked in the exchange of body fluids, the thing that particularly stokes the wrath of the authors of these bills, should be interpreted in context.
The five bills themselves, vying with one another to ferret out evil and cast
it into eternal fire, are a surefire guarantee of a plunge to an artistic Stone
Age, where only "The Sound of Music" can be shown. Maybe not even
that, as some idiot can always say there is something ungodly in Julie Andrews'
choice of a widower to a nunnery.
More than to art, the bills pose a clear and present danger to freedom of
expression. Or indeed to freedom of the press. This is not something only
tabloids should be protesting against, all of media should. The bill is
especially frightening in that respect.
Can an idea be more insidious, or idiotic?
I remember editing my college newspaper and often getting into arguments with the board of regents simply because I refused to let them touch it. Whenever they would so much as open their lips to declare that ours was a free press, I'd laugh right out in the auditorium and say that it's as ridiculous as having the Church edit Penthouse. You can't have media and preside over it. You have media and you let them polic it themselves. You let it mature. Otherwise, settle for brochures.
And finally, these bills pose a danger to society itself. I don't know if this is part of a plan to shift gears towards authoritarianism or fundamentalism or any other "-ism," but plan or not, it can be used to shift gears toward iron-fisted rule. It is all a piece with the rhetoric and practice of anti-terrorism and with calls for emergency measures to meet all sort of threats, for the most part of government's own making. Anti-smut has always been the Trojan horse of fascism. It was so in Germany, when Nazi youth raided cabarets and Jewish synagogues alike, proclaiming both to be obscenities. Ironically, the cabarets became the last bastion of defense, in the form of satirical revues, against the coming of the night. Yet similarly, what has FPI been doing again as of late?
Give bureaucrats and ass-lickers power and they are not going to stop at
pornography, they are not going to stop at anything. The point is not to choose
between the five bills, to embrace the one as more reasonable than the other.
The point is to reject them altogether. The job of policing the ranks of media
belongs to media, however they have often been remiss in it. That is so for all
excesses of media, from lack of sensitivity to lack of taste.
The alternative is more than worse, it is disastrous. In a free and democratic state, no one is allowed to enter your house under the name of Allah or the Government, unless they have an arrest warrant or they're with Keannu Reeves playing Constantine.
You start policing the media and you're inviting everyone to polic your house. If so, then it's time to quit calling this a democratic country and start calling this Republic of Coca Cola, which will always be a friend to my country, Republic of Pepsi Cola.
The laws also propose to ban black magic and witchcraft.
Indonesia, in her attempt to rid further Western influences, is ironically moving more and more towards the early mistakes of the West.
"Anyone using black magic to hurt or kill faces five year's jail," but Indriyanto Seno Adji, a member of the Government appointed committee responsible for the laws conceded it was very difficult to define such offences in a criminal code.
Black magic and witchcraft.
One word comes to mind: INQUISITION.
So we may agree to disagree. But we all want to have a better world than the one we found, the question is: at what point do we sacrifice a person's right? A person's right, remember, something that even God would not dare coerce, interfere with, banish or some such. As I've said, come tomorrow, both the sinner and the saint would share under the same sun, breathe the same polluted air and live in the same shrinking planet. Imagine giving that ultimate power to your local priest or Imam.
I’d shake your hands as a gentleman, but then again, I’m afraid it might be
against the law.
N. Mark Castro is a Corporate
Crisis Management Strategist in the Philippines and US, PR / Media Adviser, and
has served in English-based international magazines as former TEE OFF Golf
Magazine editor-in-chief, MAN Magazine columnist, MABUHAY Magazine columnist, Filofax
columnist for Manila Bulletin; In the business field, he has been an International Business Negotiator, and a Strategic
Business Analyst. He specialises in strategic
communications planning, media relations and business advocacy. He has likewise
been involved in film & TV production in the Philippines. He has broad international experience in organization business structures across Southeast Asia (Thailand, Philippines, Singapore, Malaysia and Indonesia) and business partnerships in Europe (Italy) and North America.
He has served as a managing consultant to Singapore-based
Enaya Management Consultants, Pte. Ltd., and has held positions as Strategic
Business Analyst, General Manager, and COO for PT. Bunda Global Indonesia. He
is the CEO of media group consulting (mcg), a Makati-based public relations
firm in the Philippines which is presently a consultant for several
congressmen, mayors, and multinational companies; EVP / Corporate
Communications of Titan Brigandine, Inc., a mobile marketing solutions company
in the Philippines, Malaysia, and Singapore; and he likewise sits in the board
of Hexagon Envirosystems, Inc., a large-scale water-treatment Italian-Philippine
company whose main principal is W.T.D. Trattamento Acque, s.r.l. of Italy.
Presently he is the COO of INFINITI Professional Development Centre (a subsidiary of P.T. Bunda Global Pertama), and is a Senior Media Adviser at IDA SUDOYO & ASSOCIATES PR Firm in Indonesia. He also sits as a Corporate Communications Director / Lead International Negotiator for Malaysian-Indonesian mining company P.T. Total Tenaga Prima Persada.
He may be contacted
at nmvcastro_bgp@indonesia.com or mediagroup@consultant.com
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