Vigilante Justice: How Much is Life Worth?

How much is a life worth?

It is a question that could be asked in any number of contexts, including vigilante justice. It must be said that vigilante justice is not something that is exclusive to any one country or any one period of history. The choice of Indonesia, and in particular Aceh, in this example represents nothing more than my interest in Indonesia.

It was not surprising to read a story in The Jakarta Globe about the killing of two men accused of stealing ducks in the village of Lawe Serke in Aceh. It is not surprising because since my first day in Indonesia way back in 1993 there has always been news stories of vigilante justice. One of the first things I remember was advice to call out "thief" if I was ever pick-pocketed or the victim of a burglary or similar.

The story is a relatively simple one. Lawe Serke village has a duck rustling problem. Ducks are going missing in increasing numbers. Therefore, the villagers decided that night patrols were the way to go. It goes without saying that when the night patrol spotted some unknown men roaming in the village that the patrol immediately suspected they were the duck rustlers.

The suspicion was spot on. Two of the three men they caught had ducks with them, eight to be exact. The two men that were caught, Hajidsu and Jabar, were then attacked with whatever the villagers had at hand. Some of the weapons that were used were knives and machetes. Both men were killed where they were found.

Samsuar, the Village Head, justified the violence and subsequent murders by stating that the villagers had sustained significant losses over the past month to the duck rustlers. The police position was that "people must not take the law into their own hands".  Although, the police are saying that they are treating the killings as a serious criminal offense, but perhaps more telling is that the police have not yet identified any suspects in the killings.

So, how much is a life worth? Seemingly, four ducks!

Teacher Accused of Raping Students Transferred...To Another School!

There is something fundamentally flawed with a bureaucratic system that allows for a teacher that has been accused of raping primary school students to remain in the classroom pending a finalisation of the accusations. This is not a question on the presumption of innocence.

The alleged perpetrator of these sex crimes against children has the right to a presumption of innocence until such time as those charges are proven against him. However, common sense would demand that the individual be removed from the classroom and placed in a position where he has no interaction with children in the school environment or he is place on leave until the allegations are investigated and concluded.

Sadly, in South Tangerang, a male teacher, Y.P., was accused of having molested a number of primary school students at the Pondok Ranji 5 Primary School in Pondok Aren. He has since been transferred to Setu 3 Primary School which is also under the jurisdiction of the South Tangerang District Education Office.

There are a couple of problems with this. The most obvious being: why is this individual still in the classroom and still with access to children considering the serious nature of the allegations? And, what in the world is the South Tangerang District Education Office thinking when it states unequivocally where the teacher has been teaching immediately prior to the transfer and then goes on to say where that individual is now.

It is not beyond the realm of possibility here that in a country like Indonesia where vigilante justice goes hand-in-hand with more official forms of punishment that an angry mob could soon be descending on Y.P.'s new school.

I appreciate that there are procedures to be followed and the like because Y.P. is a civil servant, a government employee, but nevertheless it would make sense to remove the individual from the situation. But, the preferred option in this instance has been to transfer him to a different school, provide mandatory counselling and to put in place a more strict monitoring regime.

In the meantime, the South Tangerang District Education Office is encouraging the parents of all students who have been abused to make reports to the police.

Ramadan -- A Time of Peace, Harmony, and a Little Reflection...

There must be something in the water or air out Lombok way this Ramadan. It seems that foreigners and the local populace cannot find any common ground upon which to co-exist peacefully.

The latest incident saw another expat home trashed. Stephen Alexander, a German, complained to the local Village Head of Lembah Sari that someone had destroyed his garden statues (presumably they were not gnomes).

His manner of complaint, and a suggestion that the local Muslim populace were poor imitations of good Muslims inspired the local Muslim populace to show him how good they were, and they trashed his house.

One has to wonder whether the matter of principle here was really worth the ultimate outcome? A few statues for a whole house, hmmmm? The statues allegedly resembled Hindu figures and Alexander had been asked to remove them. The Jakarta Globe is reporting that Alexander is a Muslim. Maybe he now wishes that he had just moved them into the backyard or out of plain view.

I am all for a little peaceful co-existence, some harmony, and a little reflection. However, all of these things seem to be premised on a little bit of tolerance. Expats have to understand there are ways and means in Indonesian society where you can express your displeasure and get results in your favour. And, there are ways and means that will only enrage and facilitate a response that will only serve to escalate any tensions present. That said, Indonesians also need to develop a little bit thicker skin and appreciate that no matter how long the expat lives in Indonesia that sometimes the expats just cannot help but to revert to what they know or who they are.

When it is all said and done, jumping up and down on the spot and yelling is not likely to see the outcome you want eventuate. Alexander has learned this the hard way.

The moral of the story here...tolerance. We all need to learn a little bit of it. Surely among adults this is a dispute that could have been resolved without insulting the local populace or the trashing of someone's house.

Ho hum...

Pornography In Indonesia -- A Follow Up

The first post on pornography and the soon to be passed Pornography Bill generated a bit of debate. Therefore, a follow up is warranted. This is particularly so in order to clarify and explain a few matters.

The definition of pornography is broad and the term used in Indonesian is materi sexualitas. However, this should for all intents and purposes be read as sexual materials and would include all the things listed in the first post. Rima has a good description of several of the Articles.

Therry being the fine artist that she is should still be worried. This is even the case where Article 14 of the bill purports to be an exemption clause for artists and those practicing traditional customs and rituals. However, it should be noted that the elucidation to this Article seems to make an exception for statues but not for art that raises the sexual urges of the viewers. My guess is that there would be many members of the community who might be a little turned on by some of Therry's art. If this were the case then it would seem that these images might just fall within the gambit of pornography.

Article 21 seems to provide open slather for the community and so inclined community groups to be somewhat vigilante in their methods of shutting down things they consider to be pornographic. This, though, is modified to some degree by Article 22 which seems to limit these community preventive measures to the reporting of the alleged breach, commencing a class action, implementing a socialization program, or providing guidance to the community with respect to the dangers and the impacts of pornography.

The socialization and guidance parts still leave plenty to the imagination.

Life goes on.

Pornography and Indonesia

If recent reports are to be believed, then the controversial Pornography Bill (previously known as the 'anti-pornography and indecency bill) seems to be set to pass the House of Representatives soon. Some lawmakers are hailing this as some kind of prophetic Ramadan gift.

The bill is clearly a threat to the stability of the nation. The provisions appear to criminalize a good deal of Indonesian culture and will undoubtedly have a significant impact on tourism. For these reasons alone the current format of the bill needs to be re-worked in order to make the bill enforceable and not controversial. The provision provide for a little more than just prohibiting the publication of magazines like Playboy.

The bill poses significant threats to privacy as well.

There is opposition to the bill. Unfortunately, this opposition does not appear to be well-marshaled and it would seem the bill's supporters are likely to be bulldozing this through the Special Committee and to a vote on the floor.

Interestingly, Golkar through one of its lawmakers has suggested that the best course of action that may induce a rethink is if there was spontaneous rallies that provided vocal opposition to the bill.

The biggest issue is that the bill regulates morality. There will always be legal questions as to how far a government can go in regulating the morality of its citizens, particularly in the private sphere. The morality issue then gives rise to questions such as whose morals and how are these morals to be defined? To name but a few. There is little doubt that people support the idea of restricting or prohibiting access to pornography and indecency. What is in doubt is whether the current definition of either of the key terms is suitable for the purpose.

Another important question is whether there is a need for a specific pornography and indecency law. Most legal scholars would agree that the key offenses are already regulated in existing legislation, including the Criminal Code, Child Protection Law, and the Cyber Law (ITE). Some might argue that this is a lex spesialis law that deals with a very particular set of circumstances and offenses. However, this argument is moot in the sense that there are no arguments can be made that the provisions are not anything but mere duplication of provisions contained elsewhere.

With a definition of pornography like this:

"Pornography is any work that includes sexual materials in the form of drawings, sketches, illustrations, photographs, text, sound, moving pictures, animation, cartoons, poetry, conversations or any other form of communicative message"

it is little wonder that people have concerns.

Even greater concerns arise when the issue of enforcement is discussed. The bill would seem to allow an interpretation that suggest vigilante justice is permissible. The relevant provisions suggest that the community may take preventive measures. This is clearly different from the community having a mere reporting role where they suspect a breach may have occurred. If this indeed is an acceptable interpretation then you are going to have unqualified individuals and groups making legal determinations with regards to what constitutes pornography and indecency.

The stoning of Playboy's offices and the forcible closures of bars, pubs, and entertainment venues is just the beginning. Other places of indecency and pornography are likely to include museums and theaters.

A cold change is definitely in the air!