INTRODUCTION

With continuing controversy and heated debate, the Indonesian Government has finally taken a stance on pornography by introducing Law No. 44 of 2008 on Pornography (“Pornography Law”). This new law has been issued amidst ongoing disagreements regarding possible human rights violations under its provisions,[1] and whether or not it discourages creative and cultural expression.[2]

Even the definition of “pornography” itself in the Pornography Law is controversial. This is apparent from the multiple judicial reviews that have been filed with the Constitutional Court on certain provisions contained in the Pornography Law based on arguments that the Pornography Law will affect cultural manifestations and inhibit the legitimate private use of pornographic materials.[3]