Movie industry asks Court to overturn 1992 Film Law

The Jakarta Post, Jakarta

Filmmakers and actors asked the Constitutional Court to review and eventually nullify a law deemed contrary to the spirit of the 1945 Constitution, counterproductive to their right to freedom of expression as well as their creativity as artists.

Film directors Muhammad Rivai "Riri" Riza and Tino Saroengallo, producer Nur Kurniati "Nia Dinata" Aisyah Dewi, singer/actress Annisa Nurul "Shanty" Kusuma Wardhani and film festival organizer Lalu Rois Amriradhiani filed a revised lawsuit against the 1992 Film Law at the Constitutional Court on Monday.

Under the 1992 Law, which is one of the legal hallmarks of Soeharto's New Order regime, films were meant to serve as tools of the nation's culture building, aimed primarily at supporting national development.

To serve this purpose, the law provides for a government censorship board known as the Film Censorship Agency (LSF), the existence of which the plaintiffs are contesting.

"What the LSF does to our films by cutting or banning them altogether is against basic principles of human rights and the people's right to information," Riri told the court.

In their lawsuit, the five highlighted a number of articles in the Film Law they considered counter to the 1945 Constitution and other legal frameworks, including the 2002 Copyright Law.

"The LSF's censorship over the films renders them unoriginal," Riri said, adding the pressure of censorship had proven detrimental to his creativity and personal development as an artist.

During the proceedings, the five plaintiffs alternately shared their censorship experiences.

Documentary filmmaker, Tino, who is also a lecturer at the Jakarta Art Institute, said the criteria for censorship were vague and often did not correspond with the actual censoring.

"The cutting can be absurd sometimes. They would first claim it was a matter of public order, but then proceeded to cut scenes that weren't remotely related to public order," said Tino, whose documentary of the 1998 Semanggi cloverleaf tragedy suffered the cut.

Nia, who directed the 2007 film Berbagi Suami (Sharing One Husband), said the LSF had cut a scene demonstrating Shanty's full acting potential and character.

The plaintiffs called for reform within the LSF.

"Instead of censoring films, it should just classify them according to the audience's age and let them decide the films they want to watch," Riri said.

The plaintiffs said they would call on several experts to testify, namely former president Abdurrahman "Gus Dur" Wahid, author Goenawan Muhammad, academics Effendi Ghazali and Ariel Heryanto, Muslim scholar Siti Musdah Mulia and actress Dian Sastrowardoyo.

The hearing, presided by justices Mukthie Fadjar, Achmad Roestandi and Laica Marzuki, was adjourned indefinitely and will resume with the testimony of experts and witnesses. (amr)