Ariel, Three & A Half Years, and an Appeal?

The sex-tape distribution case of Nazril "Ariel" Irham, or Peterporn as it had come to be known has reached a conclusion of sorts. Ariel has been sentenced to 3.5 years in the "big house" for his role in distributing a sex tape.

The evidence that was adduced in court and that which was played out in the court of public opinion must have been two very different animals. The reality is that what we know of this case in the public domain is more than enough to suggest that there is sufficient doubt as to whether Ariel had any role in distributing the two sex tapes of him to the public via the internet.

It is pretty obvious that what most people can agree on is that Ariel was the star of, and in, the sex tapes. Admittedly, most others would agree that his fellow cast members were pretty good too. I wonder whether there are any copies of "Ariel does Luna" and "Ariel does Cut Tari" doing the rounds of Glodok, Ratu Plaza or the lane ways of Blok M?

An appeal in this case seems destined to be run by a different set of lawyers. Luna Maya has engaged Taufik Basari to take over from OC Kaligis as her lawyer. Whether Ariel is going to follow suit remains to be seen, but the practice of lawyer shopping through an appeals process is nothing new. Basari is a good lawyer with a solid background with legal aid. But, I am gonna take a stab in the dark and say that he is probably not doing this one pro bono :)

The decision to sentence Ariel to 3.5 years and fine him IDR 250 million is justice gone awry There is simply no justice in sending a young man to prison for making a sex tape. I appreciate that different people have divergent moral views as to what is right and wrong with sex and pornography among consenting adults. However, despite those personal convictions, it seems hard to fathom exactly how the judges reached a conclusion that the prosecution had proved its case. Hopefully, a copy of the legal judgment that highlights the legal reasoning will be forthcoming in the public arena.

Nevertheless, there are those who feel that 3.5 years is insufficient. It goes without saying that the FPI and other hardline Muslim groups are still arguing for the death penalty. Yet, it is interesting to be able to lump the Indonesian Commission for the Protection of Children into the group that believes Ariel escaped with a sentence that was far too lenient. Maria Advianti of the KPAI argues that KPAI data highlights in the period after the Ariel sex tapes were released that there was a spike in child rape offenses by children on children as a result of having watched the Ariel sex tape. The data on that must be made publicly available and be subject to some scrutiny.

Interestingly, the sentence handed down to Redjoy or RJ was for 2.5 years. This is interesting because bothe were in essence accused of the same crime, distribution. Why is it that Ariel gets 3.5 years and RJ only 2.5? Is it that the judges are punishing Ariel more severely because his role in the distribution was bigger? Or is it that the courts and judges in this instance have decided that Ariel as a public figure has a higher level of guilt or responsibility to behave in a certain way because he is popular? And, therefore based on this he should be punished more severely in order to set an example to other celebrities? Or is it that the judges have punished him for making the sex tape in the first place because their collective conscience demands it?

As they say,"it is not over till it is over". I would suggest that this case still has legs and is likely to go a long time on appeal. Hopefully, the appeal courts will see some common sense and not fold in the face of forceful ultra-conservative religious voices from the public domain and affirm the sentence. Instead, it is hoped that the courts seek to apply the law in accordance with the relevant burdens required. The prosecutors must prove that Ariel was involved and evidence to date in the public domain has not met that burden.

A final point. So, where do the cases of Luna Maya and Cut Tari go from here? If the prosecutor was able to convince the court that Ariel's failure to prevent the distribution of the sex tapes was sufficient for a conviction that maintains Ariel was actively involved, then surely the prosecutors must be thinking that this decision gives their cases against Luna Maya and Cut Tari some additional legs.

It would be a rather spectacular fall from grace for Luna Maya and Cut Tari to end up in the big house (aka jail).

Ariel and Miyabi (and Luna Maya and Cut Tari -- Possibilities)...

No, no, no!

It is not what you are thinking or what you are hoping for. There is no new tape of Ariel and Miyabi to add to the "Ariel Does Everyone He Can" collection. This is a story about Ariel getting some support from someone all to familiar with the attitudes of some Indonesians to sex and sex tapes, particularly for celebrities. Although, to be fair, Miyabi (aka Maria Ozawa) makes making sex tapes her professional calling. As far as I can tell, Ariel is still an amateur film maker and producer learning the trade.

If you want to read about Miyabi and her exploits, or lack thereof, in Indonesia, then I suggest you use the search feature for this blog. There are plenty of posts and plenty of photos, happy hunting. If you want to read a little about Ariel and his sex-capades then you will find most of them have been posted this month, so just look in the right hand column under 'July 2010', happy hunting there as well.

This post includes some 'safe' screencaps of some of the sex tapes out there at the moment. They are available over at Asia One.

Now, according to Miyabi, the moral police should not be judging Ariel or his exploits too harshly. In fact, she has used Twitter and 'tweeted' that people should not judge a book by its cover. I am not sure what she means by that, but perhaps she is referring to Ariel's sexual prowess and abilities as highlighted rather explicitly on the tapes. Or she might be referring to something else.

The best part about the Miyabi tweets is that she has expressed an interest in getting to know Ariel better. So, it seems that if things do not work out in Indonesia, there seems to be an opening in Japan that Ariel might be able to fill (no pun intended). Miyabi does think that Ariel is handsome and that "his girls" are good looking. This does sound like it has potential for a major film!

How Much Time Should Ariel Do For A Sex Tape?

Here is the crux of this case: "have the prosecutors proved that Ariel was involved in the distribution of either the tape of him having sex with Luna Maya or the tape of him having sex with Cut Tari?" The answer must inform the judges when making their decision. Based on the evidence which has been adduced in court, the answer to this question is "no". The prosecutors have not satisfied the burden of proving Ariel guilty of the charge for which he has been tried.

This trial is not about making and starring in an amateur porn film. Morals aside, it is not a crime to make a sex tape of yourself and another consenting adult in Indonesia. It is illegal to distribute that tape.

Despite the court being closed for the duration of the trial this must not be construed as it being secret. The truth of the matter is that both sides were more than willing to discuss on the record what their respective cases were to the mass media. So, getting a handle on who did what and with whom has not been difficult. For example, the gist of the defense was that the prosecutors had no evidence linking Nazril Irham (aka Ariel) to the alleged distribution of the sex tapes. And, O. C. Kaligis, one of the lead defense lawyers was quoted as having said as much to The Jakarta Globe. The whole defense case ran to some 107 pages (of which I hope to get a copy). The word from the man himself was contained in a 3-page plea which Ariel read to the court. Ariel gave this plea a name, "Nazril Irham, a victim of brutality". Ariel's statement would be a good read because it is hard to imagine what brutality he has suffered.

It is fair to say this is not the "test" case for the laws being argued before the courts. There is little doubt that Ariel has been humiliated by having this case played out in public, there is little doubt that the man has suffered for having his freedom curtailed whilst being detained, but I am not sure that he has been brutalised. Nevertheless, the man should never have done a day in detention. And, a guilty verdict would be unsound and would be an injustice. But, if Boy Afrian Bondjol is to be believed, then brutalisation claims relate to the idea that his privacy has been invaded and that process in the public eye is one that is brutal. Once again, humiliating rather than brutal.

For me, this case has always rested on whether the prosecution could prove that Ariel was involved in the distribution of the sex tapes in which he starred. The argument that he did not doing anything to prevent their distribution is the same as actively distributing them is not sustainable. The assumption is that he knew the tapes had been stolen and that he allowed, in fact encouraged, them to be uploaded to the internet. The balance of evidence would suggest that Ariel knew the sex tapes existed but did not know that they had been stolen.

Yet, the other key issue is whether the Pornography Law can be used in this case. There are interesting legal arguments to be played out here and some serious hair-splitting can occur. By most admissions the sex tapes were made in 2005 or 2006. This by itself suggests that the sex was not that good seeing no one can quite recall when the deeds were done. But, on a more serious note, 2005 and 2006 are both years that passed prior to the enactment of the Pornography Law. Recent Indonesian case law is unequivocal in stating that Indonesian laws cannot apply retroactively. Admittedly, this was a terrorism trial, but the principle was sound.

Although, the Pornography Law was passed in 2008 and therefore seemingly cannot apply to the production of these tapes, there is a different argument in play with respect to distribution. Distribution allegedly occurred in 2010 when the sexual performances of Ariel, Luna Maya and Cut Tari were uploaded to the internet. Therefore, there are arguments to be made that the actual violation of the law occurred within the parameters of the Pornography Law.

The legal reasoning of the decision once it is finally handed down should make for some real interesting reading.

The Distribution of Pornography -- The Case Against Ariel...

You really do have to wonder about the intent in this case. When it is all said and done this is a case of a two videos shot by consenting adults. Are there moral issues to be considered in a case like this? Perhaps, but the charges that Ariel has been charged with are not moral ones, they are criminal.

The charges relate exclusively to the distribution of the videos themselves. Nevertheless, it may be argued that the use of the 1951 Emergency Law  is intended as a "catch-all" charge that will allow prosecutors to take the moral route and claim that Ariel has violated some existing customary or traditional law that applies in Indonesia.

So far, only Ariel and Cut Tari have been charged. The most controversy over this relates to the use of Law No. 1 of 1951. The Emergency Law was clearly not drafted for this purpose. Contextually the 1951 Law relates to a period of Indonesian history where it was experimenting with its unique form of Sukarno-ist constitutional democracy and trying to untangle itself from myriad of Dutch created laws and norms and replace them with some of their own.

Funnily enough, in 2010 it could still be argued that the process is an ongoing one! Luna Maya, the other amateur porn star involved in these tapes has so far evaded charge. She used to star in an advertisement for Lux soap, perhaps there is a pun to be had here in relation to her ability to keep herself clean of charges.

So, what is Ariel really looking at here. The main charge relates to Article 29 of the Anti-Pornography Law (and for some reason the similar provision under the Information and Electronic Transactions Law), Article 56 of the Criminal Code and Article 5(3) of the 1951 Emergency Law.

The Anti-Porn law provides for a 16-year jail sentence for the distribution of pornographic material. Whereas the ITE law only allows for a 6-year sentence. This is standard prosecutorial procedure in a case where one is not so sure of what crime has been committed, so charge the same offense in myriad of ways ranging from the most serious to the least serious and with a bit of luck maybe one of them will stick somewhere along the line.

What is interesting about this case, aside from the stupidity of pursuing it, is that the police still have not been able to establish an accurate timeline of the event relating to the videos, particularly when the Cut Tari video was filmed. The police have also seemingly not been able to nail down exactly where it was shot either. Strangely enough there is some discussion that the video may have been shot in 2005, or perhaps 2006, or maybe even as recently as 2010...Ouch!

Oh well. Back to Ariel and his dilemma or lack thereof with the current charges. The primary charge seems to be that he was actively involved with the distribution of the videos. The police are apparently basing their entire case on the testimony of one man, Redjoy or Reza. Redjoy has piped up that he received the tapes in the form of computer files with the express instruction to prepare them for upload to the internet. According to Redjoy's testimony, these files were provided by Capung Studio. Capung Studio happens to be the studio that Ariel owns in Bandung. What seems to be missing from most reports on this transaction is whether it was Ariel himself that handed the files over to Redjoy.

This is going to quickly degenerate into a he said vs. he said scenario. Ariel, despite Cut Tari's admission to the contrary, has yet to acknowledge that it was him in the video. However, that aside, it has been consistently argued by the alleged amateur porn stars that they were the victim of a crime themselves, theft. And, it was this theft that saw the files wend their way online. Now, it would seem that if Redjoy was involved in the theft then it would make sense to start claiming that no theft happened but rather the files came into his possession through Ariel, or someone linked to Ariel, for the purpose of uploading the files for the enjoyment of the world over.

The trial seems destined to proceed. It would be a real turnaround for the prosecutors to fold on this case now. The trial will be in West Java, Bandung to be precise, so their should be a steady stream of infotainment journalists making their way to Bandung.

This is going to be messy.

Peterporn and Increasing Child Rape...

A celebrity sex tape and the world of Indonesia is falling apart at the seams, it seems! When it is all said and done what we have here is a celebrity sex tape. Nothing more, nothing less. What we also have is a celebrity sex tape which has already been watched by millions upon millions of 'law abiding and moral' Indonesian citizens. The rest of what we have is anecdotal and unsubstantiated theories of what the impact has been on Indonesian society and how it should be dealt with. Just about all of it over the top.

What is really disturbing is that much of the over the top stuff is being driven and flamed by the obvious pot stirrers such as the Islam Defenders' Front (FPI) and institutions such as the Child Protection Commission (KPAI). I do not know if I can say it enough times, all we have is a celebrity sex tape, two of them to be precise so far. That is it folks!

Now, the Chairman of the KPAI, Hadi Supeno, is of the firm opinion that Nazriel 'Ariel' Irham must apologise to all Indonesian children. This belief is based on an assertion that Peterpan has some 30 million fans and a great number of them are in their tweens. What is truly disturbing is the assertion that the sex tape has led to an increase kn reports of rape and sexual abuse involving children, both as perpetrators and as victims. The intent is clear because the above assertion is followed by a modifying statement that suggests this increase is post the release of the tapes.

To my knowledge, and I read widely and peruse Indonesian news 4 or 5 times a day, there have not been any rapes or sexual assaults where the claim was that the perpetrator was trying to copy the actions of Ariel. To make the link that there is some kind of direct correlation between the videos and increasing sexual assault reports is irresponsible in the extreme. Supeno seems more interested in acting in his own interests by making outrageous statements to get his name and mug in the papers and on TV than he does with the idea that the interests of the child should be paramount.

The apology, and the demand for it is a little premature. If the tapes / videos were stolen, then Ariel has been the victim of a crime. Since when has law enforcement been about punishing the victims of crime and not the perpetrators of those crimes? There is no guarantee that with a strict reading of the prevailing laws and regulations, especially the Porn Law, that Ariel has in fact broken the law by taping himself doing the deed with either Luna Maya or Cut Tari.

The idea of video taping yourself having sex is questionable in light of the fact that these things can get lost or stolen. The rest as hindsight shows us is history. There is no going back once the footage is out there. Should Ariel apologise for having sex? No. Should he apologise for video taping it? If he wants to. Should he apologise to the youth of Indonesia for the tape finding its way into the public forum? No. At most this should become a teaching moment where Ariel can talk directly to youth about the perils associated with his actions and how intent does not always matter in cases such as this one.

But not being one to let sleeping dogs lie, Supeno has fanned the flames even further by suggesting that even if Ariel does not want to apologise to the children of Indonesia, he should apologise to all Indonesians as a means of quietening down the hardliners such as those in the FPI. Supeno then goes on to equate any failure to apologise to the masses as being the trigger to violence. The Chairman is being truly irresponsible in suggesting that the failure to apologise is a legitimate trigger to violence.

The FPI have a pretty solid track record of violence. They do not need to be spurred on to further violence. Nevertheless, claims such as those put forward by Supeno and the KPAI will only serve to embolden those look for any reason to wreak havoc on the innocent. Emboldened as they now are, the FPI in Bandung is demanding that the local government revoke Ariel's identity card. Every Indonesian is required to hold an identity card. Is the suggestion that making a sex video is sufficient to extinguish your rights as a citizen. It seems that revoking his Bandung ID is not enough, the FPI would like the local government to ban Ariel from ever returning to Bandung. Over the top? Just a little!

At least the Home Affairs Minister, Gamawan Fauzi say the irrationality of demanding the revocation of Ariel's ID card by saying that there are no laws in place that would allow for the revocation of an Indonesian's ID card for making porn videos.

The kicker for me is that the FPI jumps up and down on the spot in between destroying public and private property in the name of Allah and Islam while simultaneously perpetrating violence against those who will not agree with them, and then say that Ariel has destroyed the moral fabric of Indonesia. There is something inherently wrong in the claim, the vast majority of Indonesians can see through the hypocrisy of that without blinking an eye.

Once again, I do not know if I can emphasize this enough, this is just a celebrity sex tape! The world is not ending, the sky is not falling in, and life will go on!

For those of you out there who think this is the end of the world as we know it, Get A Grip!

Ariel: Round 2 of Peterporn in Bandung...

The death penalty for distributing pornographic videos seems a little bit harsh. Let's face it, a self-confessed pedophile claiming the religious protections of Islam was sentenced to a mere four years in the slammer for sexually violating a 12-year-old girl. On the balance of things, Ariel's case should have been tossed eons ago as he really should not be seeing any more time on the inside than he has already seen in waiting for this trial to get underway.

At best Ariel is guilty of being naive and maybe even a little stupid that he could make a couple of sex tapes that would never see the light of day. In this day and age of instant communication and advanced technology, it was only a simple matter of losing his laptop or having it stolen and the anonymity of these sex-capades was gone.

As it turns out, he lost possession of his laptop and the rest is history, as they say.

To be honest, this really is not the best test case for establishing how well the provisions of the 2008 Anti-Pornography Law work. It is difficult to see how the prosecution will be able to successfully establish the elements of the crime. It just does not seem likely that the prosecution will make out the actus reus or the mens rea of the criminal indictment.

Yet, the prosecutors have opted to pursue this case for reasons that remain unclear. But, now that they have, there is a course of action that must be completed. Hopefully, it does not result in a conviction and then even more embarrassment for Indonesia and the public prosecutors as the case wends its way through the appeal courts.

More exciting than the legal arguments doing the rounds in the court room are the divergent and extreme opinions present outside of the Bandung District Court. Most interesting was the call by the Islamic Reformist Movement (Garis) who is calling for the death penalty to be imposed on Ariel.

Unfortunately, or is that fortunately, for Garis the death penalty is not an option in this case. This is not a Sharia Law court and Ariel is not being tried for adultery. In any event, Ariel would be unlikely to be stone to death for his sexual liaison with Cut Tari. Although, in Sharia Law conducive circumstances, Cut Tari might fall victim to such an antiquated and barbaric form of punishment. This assumes of course that the prosecutors could established when the sex tapes were made and / or where they were made.

I would add that there is nothing reformist about calling for the death penalty in this case.

The base reality here is that this case has become bigger than it needed to be as a result of the self-righteousness of some of the police and prosecutors involved being pushed forward by others, including the white-robed thug brigade (aka FPI), to pursue this. Any self-respecting law enforcement agency would have done the "likely to convict" assessment on this case and determined that the likelihood of a conviction was remote and then decided it is better not to pursue it at all.

It is time to call it quits on this one. Let the man go. He has suffered much more on the public humiliation front than any subsequent jail term will exact. And, he will still have to explain to his child / children (whatever the case might be in the future) what daddy got up to in his younger years. I would love to be a fly on the wall for that conversation (although, if I had a choice, I think I would rather be the fly on the wall in the Tiger Woods household when he has a similar conversation with his kids).

I wonder if Miyabi (aka Maria Ozawa) makes it to Indonesia whether she will swing by Bandung and catch up with Ariel. After all, she would get tongues wagging and there remains a remote chance that an Ariel and Miyabi tape could find its way into the public domain.

Release Ariel! Release Ariel Now!

Cut Tari -- Devastated...

Oh dear!

Cut Tari is devastated not because she is a married mother of one who has been terribly embarrassed by the fact that a sex tape allegedly of her and Nazriel "Ariel" Irham going at it like two rabbits in heat, but because of the fact that she admits to the tape being of her and young Ariel maintains that it is not him in the tape.

The mind boggles at the possibilities here, like for example: some fella who looks like Ariel of Peterpan fame convinced Cut Tari that he was in fact Ariel and that they should get down to business and she agreed. Or, Ariel is simply persisting because he is in denial and he believes that if he denies it enough then people will finally believe him.

Yet, what was really weird for me was that the 'devastation' that Cut Tari supposedly feels stems from the suggestion that Ariel's continued denial means that he did not love her at the time of the deed. My initial reaction is, "Cut, wake up and smell the coffee!" Ariel is certainly not the first bloke and neither will he be the last that will say anything to get laid. Look, if it takes the whispering of sweet nothings like, "of course, I will still love you after we do it" or "yes, I respect you...you mean the world to me" or my personal favourite of "we are soul mates, this is just so right, there is no one else for me but you!"

Apparently, during the early investigative phase of this case, the police sat Cut Tari and Ariel down in a room and showed them the tape. Cut is said to have fessed up that it was indeed her mug in the tape. However, Ariel's contribution went along the lines of "it is not me!" "I do not even like the chick, so why would I be sticking anything in her, let alone going to the trouble of filming it?"

At this point it became too much for Cut and she broke down in tears, and told her lawyer, the one and only, Hotman Paris, that Ariel's statement broke her heart. If I am not mistaken Cut Tari has supposedly moved on, got married, and started a family. I am having trouble understanding why the 'broken heart'? Is she suggesting that she has not moved on?

Or are we seeing that old stereotype played out that suggests that sex for women is a serious game that is difficult to separate from the emotional attachment. Whereas, for men it is a biological urge as simple, and as crude, as getting your end wet! I was recently watching a debate about the pros and cons of the women vs. men sex outside of marriage and commitment to and fro. Interesting.

Ho hum...

Luna Maya, Ariel and Pemuda Pancasila...

So, what is the Pancasila Youth (Pemuda Pancasila) doing at the Ariel sex tape trial?

Part of the interest of watching a controversial celebrity trial is watching how the support for and against the defendant align themselves. A trial about sex tapes, and pornography generally, is certain to bring them out.

So, how do they align in the Ariel distribution of sex tapes case?

On, the one side you seemingly have the self-righteous Garis or the Islamic Reform Movement who would like to see Ariel get the death penalty for his lack of morals. To be clear, Garis is about the creation of an Islamic state. It is not about reform of Islam and the promotion of moderate Islam. So, Garis lines up fairly well with the other resident evil in Indonesia, FPI.

The Islam Defenders' Front or, as some people prefer, the white-robed thugs, also would like to see Ariel punished severely. However, there was a moment or two there where the FPI thought Ariel might want to repent and get more in touch with his Muslim spiritual side. Unfortunately, from an FPI marketing point of view, Ariel seems to have chosen a different path to redemption than the one offered by FPI. Strangely, or perhaps logically, enough these are the folks that find themselves aligned with the government through the Office of the Attorney General and the public prosecutors tasked with garnering a conviction.

On the other side, is just about everyone else. Everyone else here includes not only the long-suffering girlfriend, Luna Maya. Tere is also Ariel's daughter and extended family. And, also his dyed in the wool fans, and just about anyone with a shred of common sense. However, also lining up on this side of the equation is Pemuda Pancasila.

Having a look at the photo (thanks Kapan Lagi), it would seem that the Pancasila Youth are there in support of Luna Maya as her personal security. This is probably not a bad idea in a lot of respects. I am not a fan of Pemuda Pancasila, never have been and will never likely be. To each their own though. So, why is it not a bad idea. Well, it is not a bad idea because the police thought the potential for violent conflict at the trial in the District Court in Bandung was so great that they thought it necessary to deploy 600 armed officers. It is a good idea because the FPI and  Garis have threatened violence and intimidation. It is a good idea because this whole trial is a media circus. Therefore, in order to plow your way through the waiting throng a bevy of beefy lads is probably just the thing.

I have heard that this kind of close personal protection is not a hugely expensive deal. So, if the figures I have seen being bandied about are true then somewhere between IDR 60,000 and IDR 150,000 is a pretty good deal. It is also real value for effort for the Pancasila Youth boys as well. Nothing like a little bit of exposure in order to advance one's goals. It would seem that the Pancasila Youth are affiliated with the West Java Chapter and under the auspices of Kang Dasep.

Yet, in the big scheme of things, this is all a side show and an unhappy distraction. I would really like to know what sort of personal toll this is taking on Ariel and Luna Maya, particularly their relationship together. To be honest, it is nice to actually see the degree of loyalty that Luna Maya has. She turns up to each trial hearing and she professes her love of Ariel and her disappointment in the process, particularly the fact that charges were ever pursued and laid.

The question, if I had permission to ask one, would be "will you last?" Take that as you will. Maybe it is will you last personally? Maybe it is will you last as a couple? Maybe it refers to whether there are lasting careers to be repaired here? My personal hope is that the case runs out of steam and just dies where it stands. So, my second question follows on from the first in that sense, "where do you go from here?"

There will undoubtedly be more posts on this. I think it is time to look at a few more issues in depth and do a little bit of critical legal analysis on matters such as retroactive use of laws, legal representation, prosecutorial discretion or misconduct, and the like.

So, perhaps this story needs a narrator, maybe we should 'call him Ishmael'!

Is Ariel A Victim in the Peterporn Scandal?

Is Ariel a victim in the Peterporn scandal? The current police theory of the case is that the videos were stolen off Ariel's laptop by a music editor that works for his band, Peterpan. The music editor has been identified only by his initials to date, RJ. Apparently, RJ is currently enjoying the hospitality of Indonesia's National Police Force as he is being interrogated in a police station somewhere in Bandung.

I wonder if the police have asked him yet whether or not it is true that there were 32 tapes or so of Ariel's sex-capades with various Indonesian starlets? I wonder if RJ has made provisions for the release of those tapes as well before he was arrested?

It would seem that if the police are now working on the theory that the videos were stolen from Ariel, then surely this makes him a victim, doesn't it? And, if Ariel is a victim, then isn't it time that the police released him? Now, if Ariel is a victim, then doesn't this also make Luna Maya and Cut Tari victims as well? If they are victims, then isn't it time that the police came clean and were clear on what status Luna Maya currently enjoys in this investigation?

Yesterday, it was reported that Luna Maya had been arrested, then it is reported that she has been detained only for the purposes of conducting an interrogation. However, the police seem to be moving towards a case theory that says both Luna Maya and Cut Tari are going to be charged based on the belief that the videos clearly show that they knew they were being filmed.

This raises some interesting legal questions. Hopefully, the respective lawyers of Nazriel "Ariel" Irham, Luna Maya, and Cut Tari will make them. The first question is, in a very narrow legal interpretation is it illegal to videotape yourself engaged in a consensual sex act in Indonesia? This question is narrow as it relates only to the videoing and the sex act. It does not relate to any subsequent dissemination to the general public through YouTube, LiveLeak, Rapid Share, Bit Torrent or any other site dedicated to the uploading and downloading of movies.

If it is illegal, then what specific provision are the police and prosecutors going to rely on?

If the thought is that the police and prosecutors are going to rely on Article 4 of the Pornography Law, then it would seem that the Elucidation to this law makes a specific exception for pron that is made by an individual of themselves and for their own purposes. There might be arguments made for internal inconsistency in the law because other articles such as Articles 8 and 9 of the same law which seemingly suggest that people cannot appear in pornographic material.

Nevertheless, it would seem that despite the broad nature of the provisions the intent of the law was not to get into the bedrooms and hotel rooms of individual Indonesian citizens and monitor what they were doing in their own time. Some might argue that this is not the intent, rather the intent was clearly to get into the individual bedrooms of all Indonesians and restrict any activity that the moral police construed as being naughty.

The point being, if Ariel made the film with the consent of his sexual partners, then has he broken the law? Furthermore, if Ariel had no intent to distribute the films or show them to anyone other than himself and the woman in each of those films, then has he committed an offence as defined by the Pornography Law?

The Pornography Law has survived a Constitutional Court challenge. However, this has not seemingly ended the debate on the subject as there still appears to be considerable opposition to the law. Nevertheless, the opposition needs to be a little more organised and consistently vocal in its opposition if it is to be ultimately successful in overturning this legislation.

I have some personal views on this, but this post is rather to invite anyone interested in these issues to offer an opinion, and then have some constructive debate about that. I appreciate that my blog is not that popular in terms of people visiting and commenting on certain posts. However, I promise to respond to all comments.

Enjoy your weekend!

If you want to get a copy of the law in Indonesian then go to http://www.hukumonline.com and go to the pusat data section. If you want a version in English then let me know (I only have a soft-copy of my own at the moment).

Ariel, Is It You?

The big questions are about to be answered in the ongoing saga that doubles as the Nazriel "Ariel" Irham sex tapes trial. The biggest question of them all, in fact, "Ariel is that you in the tape making mad passionate love with Cut Tari?"

Well, according to Cut Tari, it is Ariel. There were no ifs, buts, or maybes in Cut Tari's testimony. In fact, when Cut Tari appeared to give her testimony she was asked to go to the front of the court room and watch a couple of clips of the [in]famous sex tape that she has admitted to being in. While she was there, the judges asked her who she was bumping uglies with. Cut responded, unequivocally I might add, with "why, your honours that is Ariel!"

Strangely enough, Ariel through his defense counsel is maintaining that, despite the somewhat obvious similarities between the man in the video and him, it is not him doing the bump and grind with Cut Tari. In some ways it is not hard to feel for Cut Tari. This must be an incredibly humiliating experience. She has confessed believing that the truth will set her free. Yet, it has still got to be difficult having this whole sordid affair played out in public. Nevertheless, the trial remains closed to public in order to protect the public's "innocence" and "morality" from harm.

The more interesting part about Cut Tari's testimony is that the video is placed in 2005 or 2006 as a production year. This is interesting because there is no real certainty in that time frame. So, does this mean the affair lasted for some time during that two-year period? Or, does it mean that they made so many tapes of their sexual encounters that she cannot rightly remember which tape this is? It is also interesting because Cut Tari was married in 2004. This has led to some hardliners wanting to see the whole trial process for Cut Tari cast aside and just get to burying her up to her neck and then stone the woman to death.

Folks, it is just a sex tape. It is most definitely not the end of the world as you, or we, know it! Life goes on, the band will keep playing. This whole charade is becoming increasingly not worth the effort.

Although, that said, the prosecutors are pulling out their big guns. Anton Castilani, a police officer from national headquarters has taken the stand to offer expert testimony as to whether there is any likelihood that the man in the video with Cut Tari is in fact Ariel or a very good look-a-like. Castilani's testimony seems to support the prosecution case theory that the man in the mirror is not Michael Jackson but it is Indonesia's own, Nazriel "Ariel" Irham of Peterpan fame.

I will let "you" the experts in the court of public opinion decide for yourselves. The choice bits of this photo for comparison have been pixelated. In my expert opinion, it's Ariel.

Ariel Looking Down the Barrel: Five on the Inside?

Nazril 'Ariel' Irham the front man for the Indonesian band Peterpan is facing a five-year jail term and a fine of IDR 250 million for his alleged role in a porn distribution racket. The sad part about this case is that it should never have gone to trial. There is no case to answer here. Even with a very novel and creative interpretation of the law it is very difficult to see exactly how Ariel has broken the law as the prosecutors have set out to prove.

This is simply a case of a celebrity making a sex tape, having the tapes stolen, and then watching them wend their way online. The only witness for the prosecution is a man who has everything to gain and nothing to lose in testifying that it was all Ariel's idea. Let's face it, Redjoy uploaded the sex tapes to the internet, of that there seems to be little debate. However, how he came into possession of those tapes is the crux of this case. Simply, the prosecutors have not proved beyond a reasonable doubt that Ariel was a participant in the crime as charged.

The fact that Ariel is the man in the sex tapes is not a crime in and of itself. So, even if the prosecutors were to have proven beyond any doubt that it was Ariel "doing the deed" with Luna Maya and Cut Tari there is no case to answer. This case is solely about the distribution of porn, and the prosecutors have not proven that charge.

The fact that Ariel is a celebrity does not place a larger burden on him to set a good example. If it does, then any public figure must be liable to the same degree. Surely the prosecution is not arguing that there should be one law for the rich and famous and another law for the rest of us, are they?

However, the defense case seems to be hinging on the argument that the anti-pornography law cannot be applied retroactively. This seems to be the weakest of the arguments that they could be making. The simple and best argument is that Ariel was not involved in the distribution of porn. As this seems to be the main thrust of the prosecution case. Irrespective of whether the tapes were made in 2005 or 2006 the production of a private sex-tape between consenting adults is not a crime. So, the production aspect is moot. Once again, this is a case about distributing porn. The tapes were uploaded to the internet in June 2010 and therefore at least in a temporal sense they fall within the gambit of the articles of the Anti-Pornography Law.

I just don't quite get why O.C. Kaligis is harping on the anti-retroactivity angle in preference to just saying "hey, the defendant has not committed any crime!" And, then add "the defense has proved beyond a reasonable doubt that the defendant was not involved in, and did not consent to, the distribution of the sex tapes!"

I guess Kaligis will be making these submissions at the next trial hearing.

Undoubtedly there are divergent opinions on what would constitute a good outcome in this case. But, from a legal perspective it is difficult to see how a conviction could be handed-down. Yet, perhaps more importantly in a legal certainty sense is why the prosecutors have pursued this case with such zeal why letting similar cases fall by the wayside.

Ho hum...

Ariel and the FPI...

Amongst all the serious and tragic news today of earthquakes, tsunamis, and volcanic eruptions in Indonesia, there is this piece of "news". It appears Nazriel 'Ariel' Irham of Peterpan (aka Peterporn) fame has decided to repent and make his peace with God after his recent escapade into the sex-capade business of amateur porn.

There is nothing wrong with people deciding that their previous ways were in error and seeking to make their peace with whoever they think they must. But, the very idea that you would be seeking out the FPI to repent your sins and make everything swell with God again is funny in the most perverse kind of a way. Although, I am pretty sure that in order to repent, one must first acknowledge and admit to their "sins".

So, does this mean that Ariel is ready to say "Sorry Cut for not getting around to this sooner as I have been too busy trying to save my own arse, but yes that is us in that sex video, and you were good! In fact, one of the best that I ever had. Can I just say, your husband is a lucky man!"

The very idea that one would seek out these white-robed thugs parading as the enforcers of God's laws is sure to be a source for further embarrassment.

However, if the news in The Jakarta Globe is accurate then it would seem that it is Ariel and his team reaching out to the FPI in order to make things 'right'. The FPI visited Ariel in Kebonwaru Prison in Bandung today, and specifically with Hilman Firdaus. Hilman is, of course, interested in this development. If for no other reason than it provides some legitimacy to the FPI as being important in matters of religion rather than just promulgators of violence.

Yet, hearing it Hilman style is a little scary because he seems to think that if Ariel wants it, then the FPI is williong to help set him on the straight and narrow, while simultaneously helping Ariel and Peterpan regain their former glory.

The mind boggles at the thought of how the FPI envisages 'helping' Ariel and Peterpan regain their previous days of glory.

Ariel: The Farce Continues...

Wake me up when this trial is done and dusted, please.

I have been away for a little bit more than a week. It has been nice to not read a whole lot of news. It has also been nice to be away from an internet connection, and the temptation to see what frivolity came about in the latest trial hearing in the Peterporn saga. Yet, to be honest, I feel that seeing I started this "follow it through to the end" deal, I should in fact follow through. So, holiday or no holiday, I am back posting a running commentary on why this case should never have gone to trial.

The most recent reports have covered the testimony of Hadi Supeno, the former Head of the Indonesian Child Protection Commission (KPAI). Supeno cannot be faulted for his commitment to protecting Indonesian children. He is most definitely, at least at face value, committed to seeing that Indonesian children are protected from all manner of harm. However, he is not much of a public relations whiz. He is not good at selling the message.

The primary problem for Supeno is that he talks in generalities and the grand schemes of things. He tends to downplay the "facts" or the "science" in preference for sweeping statements about how "he knows" what will harm Indonesian children and whatever he states must be accepted as is. Unfortunately, and perhaps beneficially for Ariel, no everyone does.

According to Supeno, there are four major impacts that children will encounter as a result of the release of the Ariel / Luna Maya and Ariel / Cut Tari sex tapes, namely: the videos will increase the sexual desires of children, the videos will effect the social and mental development of children, the videos will encourage children to replicate the behaviours they have watched, and the icing on the cake, the videos will lead to an escalation in the criminal activities of children.

Ah, evidence? Boy Afrian Bondjol, Ariel's lead lawyer in the case, questioned Supeno on the four assertions he made in court, and rightly so. Supeno could only offer up that "this" is what he knows. But, Pak Hadi, you really need to stump up some research. Surely, there must be some research that supports the proposition that children who watch pornography are more likely to commit crimes. Or that children who watch porn are more likely to become sexually active at a young age. Or that these increasing numbers of sexually active children are becoming rapists and sexual predators. Any research would do.

Seriously, if this is the best that the prosecution has to offer up as supporting evidence for their desire to see Ariel jailed for up to 12 years and fined a couple of billion rupiah, then one really does need to question the wisdom of bringing this case to court. There is no justice being served here. There is only a desire to deflect public attention from more serious criminal cases and matters that continue to flounder in the deep dark abyss that is the Office of the Attorney General.

Once again, the man made a sex tape...so what? If this "case" was dropped like it should of been then people would no longer be talking about it. So, for that reason alone, perhaps there are arguments here that the Office of the Attorney General and the courts are complicit in keeping this "morally questionable conduct" by Ariel in the public eye. Why would they want to be doing that?

Ariel Going to Trial on Monday...

The fact that this case is going to trial is symptomatic of the ills of the Indonesian justice system. It is also indicative of why most Indonesians are skeptical of claims that there has been serious reform happen in the legal system or is likely to happen. This is particularly so on the coattails of Gayus Tambunan who has been able to take at least 68 trips outside of his cell by paying off the relevant officials.

Anyways, Nazriel "Ariel" Irham of Peterpan fame and more recently of Peterporn fame is going to trial on Monday (22 November 2010) for his alleged role in the distribution of a couple of sex tapes starring himself and Luna Maya and Cut Tari. The trial will be in the district court in Bandung because the alleged act, distribution, took place in Bandung. Interestingly enough, the police have not been able to determine where the actual sex tapes were made.

Ariel has been in detention since 22 June 2010. It is time that he is either released of prosecuted. So, in that sense it is a good thing that this is heading towards a resolution with a trial date set. It is sad that it is going to trial at all.

Unfortunately, the trial is to be closed. According to the Acting Attorney General (well, an anonymous source), pornography trials are closed-door affairs. The rationale, presumably, is that the titillating details would be too much for most Indonesians and they would be influenced in a negative way by all the "perversion" that will come out as evidence in the course of the trial. The only real problem with that is that most people who would be watching the trial have already watched the 'offending' sex tapes either online or on their mobile phones.

There is no reason for this to be a closed trial. This case does not involve minors. The fact that it is closed gives rise to claims that the trial will be unfair. To ensure fairness, the appropriate course of action is to have this hearing as a public one. This is particular so considering that the prosecutors have backed away from pursuing charges for the production of the sex tapes and will be proceeding exclusively on the distribution charges as they are described in the 2008 Anti-Pornography Law.

If Babul Khoir Harahap is to be believed, then the whole prosecution case rests on what Ariel did not do. If this is true, then why is it that Luna Maya and Cut Tari are not being prosecuted at the same time? Simply, they also new about the sex tapes and did nothing to prevent their distribution.

When it is all said and done this is just a couple of sex tapes. There are millions of them out there in cyber space. Yes, there may be some morality questions to be argued here. Maybe there are even some religious concerns about pre-marital and adulterous sex. Yet, the law does not criminalise people for filming themselves in the throes of sexual gratification or orgasmic climax. The law does criminalise distribution if the perpetrator of that distribution is pro-active and consciously doing so. However, the law does not criminalise the failure to prevent distribution of a sex tape where you were unaware of the intended distribution.

Therefore, it would seem that the prosecution really needs to be able to prove that Ariel handed off the sex tapes to Redjoy, and that he knew Redjoy (Reza) was going to upload them to the internet. As far as I recall, Ariel and his amateur porn colleagues have always maintained that they were the victim of a crime, theft. On face value, it would seem that the prosecution is between a rock and a hard place in terms of proving this. Perhaps, there is a need for this to be a closed hearing!

Ho hum...

Ariel: The Trial Continues...

The trial continues...

The latest hearing of the "Ariel Does Indonesian Celebrities" trial was a public one. The fact that the hearing was a public one was not all that surprising in the big scheme of things. In essence, the hearing was merely a formality in that the judges were handing down their decision on the objections (eksepsi) of the defense to the prosecution's case. From what I can tell, the objections were contained in an injunction application.

The scenic District Court of Bandung is the place where the nitty gritty of this trial is to be played out. The crux of this case is whether Ariel did anything to prevent the distribution of the sex tapes he allegedly shot with Luna Maya and Cut Tari, and if he did do anything whether it was enough to absolve him of responsibility for the eventual distribution of the sex tapes.

According to the presiding judge in this case, Singgih Budi Prakoso, there is enough to proceed with the calling of witnesses. It would seem that Singgih is leaning towards the arguments that Ariel did not do enough to prevent the distribution.

Obviously, Afrian Bonjol, the lawyer for Ariel, was of the view that Singgih did not give sufficient thought or legal reasoning when rejecting the objections. Nevertheless, Bonjol has stated that Ariel accepts the decision of the judge and is looking forward to proving his innocence as the trial goes forward.

The next hearings for this trial are set for 13 December 2010 and 16 December 2010.

Luna Maya, Twitter, Paparazzi, and Prostitutes

One of the good things about not having a twitter account is that there is no temptation to vent one's frustrations and anger out into the public sphere. Perhaps on a little reflection Luna Maya might have thought twice about ranting that "infotainment are lower than prostitutes, murders!!! May your soul burn in hell!!!" I guess it is fair to say that she was not mincing any words there. But does she have a point?

To work this out one needs to consider the situation that preceded this little rant. Luna Is dating a singer of one of Indonesia's bigger bands, Ariel of Peter Pan fame. Ariel was married and has a beautiful young daughter (no where near as good looking as Will of course). There has been some suggestion that Luna is a home wrecker and it is her fault that Ariel split with his former wife. However, that was not the issue that sparked the most recent venting.

Luna's twitter account, lunmay, was shut down recently after the vent went public. Luna has apologized to her 123,952 followers for shutting down the account. I probably would not have had one in the first place if I was a star of the small and silver screens. Simply, tweeting that you are watching a movie is like a red rag to a bull and is certain to bring the paparazzi stalkers out in force.

As the story goes, Luna, Ariel, and Alleia (Ariel's daughter) went to watch the premiere of Ariel's first movie, The Dreamer (Sang Pemimpi) at EX Plaza. Now, my recollections of EX are that it was an excellent place for a little bit of celebrity spotting if that was your thing. In any event, little Alleia had fallen asleep during the movie and was being carried out by Luna.

This is where it gets really interesting. In the scramble for good photos and an interview one of the infotainment throng cracked little Alleia on the head with a camera. For a parent, even the girlfriend of a parent, this can certainly arouse some pretty heated emotions. If someone clocked Will in the head with a camera, then I would be tempted to grab the camera a clock the fella right back.

The lesson here is two-fold, Luna Maya had apparently agreed to an interview in the lobby once little Alleia was in the safety of the car. So, the gathered throng of infotainment journalists would have got their interview and obligatory shots if the had been a little more patient. the second lesson is do not vent your frustrations on Twitter no matter how justified you feel about it.

The spat, if the Twitter message can be called such, has escalated with the Indonesian Journalists Association threatening to take legal action against Luna for allegedly comparing them to prostitutes. The comparison to murderers was a little harsh, but the comparison to prostitutes probably is not so harsh.

In fact, it is probably a slur against all the prostitutes out there. Let's face it, infotainment journalists and photographers sell their assets to those willing to pay for it, similar to prostitutes. But, on a more serious note, the Indonesian Association of Journalists might also want to consider that one of their members was responsible for the assault of a child. My question would be, "does the Indonesian Association of Journalists really want to pursue this one?"

Most people might have an insatiable appetite for celebrity gossip and news, but most of these people would also balk at the idea that journalists need to assault and harm children in order to get their pound of flesh.

Maybe it is time that the government considered putting into place specific laws that protect celebrities from over-zealous infotainment journalists. And, perhaps it is also time that those that drive the market, infotainment publishers started to self-regulate what is acceptable and what is not when it comes to getting that all important shot or all important interview.

Public figures are what they are, but this does not mean that they forfeit all their rights to privacy because they have appeared in a film or worked as a presenter on TV.

It is time the infotainment industry got their collective act together and showed some class.

Prosecutors Say They Have Done Enough: Ariel Guilty!

Rusmanto the lead prosecutor's response to the defense claims in Nazril "Ariel" Irham's distribution of sex tapes trial was one for the ages:

“We ask the panel of judges to reject the entire statement of defense put forward by lawyers for the defendant.” And, “We stand by the sentencing demand of five years.”

To be honest, every prosecutor who is worth their salt would stand by the arguments that they have made when leading the court through their case. However, the opportunity is one to, in essence, surrebut the defense case. The simple strategy would have been to take each of the defense arguments one by one and rebut them.

For example, the defense argument that the sex tapes were made in 2005 or 2006 and therefore a law passed in 2008, such as the Pornography Law, cannot apply retroactively. The prosecution, for example, might want to have argued that the actual offense of distribution did not occur until 2010 and therefore the law is not being applied retroactively.

The difficulty though of a closed hearing is that it is hard to get an exact account of what the arguments were. With a bit of luck the 'documents' will become publicly available in the near future, or at least "available", for perusal.

A decision in the case that has gripped the nation since June 2010 should be handed-down by 31st January 2011. This is a case that seems to beg for an appeal. So, no matter what the verdict is, this case will be appealed. If Ariel is acquitted as he must be, then there is no doubt that the prosecutors will appeal. If by some unreal twist of fate Ariel does not walk free, then it goes without saying that the defense will appeal. It would be interesting to see how a time served sentence would be viewed by either side.

I wonder how large a police presence will be required in Bandung to keep order? Let's face it, this case has generated extreme feelings on both sides with fans demanding an immediate release and hard-line Islamic groups demanding that Ariel be sentenced to death.

Well, it is almost time for police and law enforcement officials to find another case to distract public attention and scrutiny away from issues that really matter like the ongoing Sidoarjo mud extrusion or the Gayus shenanigans...and it is probably time for me to find something else to follow too. Any suggestions?

Ariel, Peterporn, Don Juan, and Bunga Citra Lestari...

The Indonesian National Police Force surely have more important matters to be devoting large amounts of human hours to rather than Ariel of Peter Pan (now know as Peterporn) fame and his sexcapades with a reportedly long list of women. There is a touch of the Don Juan in the manner and desire to film the "event". Yet, there have been reports in the past that there is a significant number of Ariel related "events" that have been recorded.

The two most prominent of these to date have been Luna Maya and Cut Tari, However, a recent police raid on the recording studios used by Ariel and Peter Pan have apparently resulted in the seizing of two computers that have more explicit content on them. The police have used the term 'obscene', but I guess obscene is in the eye of the beholder. Reportedly, this explicit content is contained in a number of movies. One of these movies is allegedly a clip involving Ariel and Bunga Citra Lestari or as she is known to her fans BCL.

Here are some photos of BCL for your viewing pleasure.

My guess is that if there is such a video in existence then it is likely to find its way to the internet in the near future.

Ho hum...

Ariel, Luna Maya, + Cut Tari...

Indonesia and porn, porn and Indonesia seem to go hand-in-hand, don't they? It never ceases to amaze me the level of hypocrisy that exists on this single issue. There are those jumping up and down waving the morality flag demanding that long jail sentences be handed down to people who find the need to film themselves doing the deed and then have this very deed find its way into the public domain. Yet, most surveys and other statistical data pegs Indonesia as one of the biggest consumers of porn on our little globe called earth.

I think Desi Anwar says it best in her opinion piece on the matter when she talks about moral censure, peeping toms and playing god. It is worth a read and you can find it here.

The realities here are that it is against the law, people know it is against the law, and they must certainly know that if they get caught then there is a pretty good chance that the relevant law enforcement agencies will go the whole nine yards to get a conviction. This seems particularly so if you happen to be a celebrity. Ariel, Luna Maya, and Cut Tari are going to find this out in the most public of ways. One arrest has been made and another two seem imminent. The Porn Law and the Criminal Code are destined to get a work out on this one.

It really is sad that this is being played out in the way that it is. There are just so many more important things that politicians could be doing rather than legislating morality. There is in a similar vein so many more important things that the police and other law enforcement agencies could be dealing with rather than a couple of starlets getting the once over by a singer who seems to be afflicted with a little bit of the "Don Juanism" condition.

However, it must be noted that none of this is surprising on any front. All of us who are either Indonesian or who have long associations with the place understand that Indonesians have an insatiable appetite for gossip, particularly celebrity gossip. Indonesian TV is testament to that. We also know that the politicians and law enforcement people often look for any good gossip in order to deflect attention from real issues that need real work and real responses to see them resolved.

Yes, the reality here is that you have a couple of sex videos, pretty tame by most accounts, and nothing to write home about. Yet, it is news that has diverted the attention of a nation, and seen the story picked up by the international press. On the importance scale, the size of Ariel's penis, his sexual prowess, or the preferred methods associated with any climax activity, ranks, at least in my opinion, a very distant last on a long line of really important issues such as the systematic attempts to dissolve the KPK from its current form, the failure of parliament to speed up the legislative process, or myriad of other issues. Then again, I am sure that it will not be too long before we are hearing that Ariel's escapades have directly contributed to an earthquake or a tsunami or some other natural disaster that befalls the innocent in Indonesia. Sad!

As a matter of priority, it is time that people thought about the things that are really important and worked towards resolutions on those fronts.

Then again, good gossip and a sex video is something that most people just need to talk about!

Peterporn...

The Peterporn saga continues unabated but slowly. There is so little happening in this case, and that which does happen takes so long, that it is a wonder that anyone even cares about it. Yet, it has all the key ingredients for great gossip and as such will serve to satiate the Indonesian appetite for celebrity gossip for sometime to come.

The key is that there has been rumoured to be some 32 tapes of Ariel of Peterpan fame bedding a bevy of women, all of whom are Indonesian celebrities of various fame and stature.

I was reading recently that another tape has surface in Sulawesi of all places. It reportedly shows Ariel (aka Nazril Irham) getting down and dirty with Bunga Citra Lestari (aka BCL). This tape has been conveniently converted to the DVD format and is being sold for between IDR 50,000 and IDR 450,000 on the streets. Now, a quick survey of the internet highlights that the clip is supposedly available for download from Rapidshare and Torrentbit, among others. Unfortunately, these all require registration before a download can be initiated, I am just not that interested in downloading the clip. Besides, if it really does exist then it won't be too long before it pops up in a much easier place for download, like YouTube or on someone's blog.

The latest development, as far as I can tell, is that the police have arrested eight people for allegedly being involved in the uploading of the two confirmed videos to date, Luna Maya and Cut Tari. However, the police, by their own admission are doing it tough in the investigation phase as they have not been able to uncover the 'missing link'. This is specifically how did the videos get to those who allegedly uploaded them to the internet.

The case theory is that someone close to Ariel 'passed' them on. Ariel's ex-wife, Sarah Amalia, has been interviewed by police, but police have not suggested that she is a suspect or in anyway involved in the dissemination of the tapes / videos. The police though have not been able to prove this missing link yet. So, it remains nothing more than a theory.

The police have also explained that their failure to move on the two women allegedly depicted in the tapes is that the police have some conflicting expert opinions to sort through before deciding on a legal basis to proceed. As is the tendency in Indonesia, the police want to ensure that the case is legally solid before proceeding. The idea being that the more solid the case is the less likely there is to be an acquittal. On a side, and completely unrelated note, perhaps the police should have thought about this idea when pursuing the Commissioners of the Corruption Eradication Commission. And, perhaps it is something that the Office of the Attorney General might want to consider in determining to end those shenanigans.

Postscript...
The Jakarta Globe are reporting that the police have "changed positions on the sex tape", no pun intended I am sure, and the eight previously arrested have had their status changed from suspects to witnesses. Sounds like things are not going so well on the investigation front.