2/16/2011

Outline
• Connel’s theoritical framework
The State and Law
• Pornography Law in Indonesia
• Legal Identity of Third Gender in Pakistan
• Discussion

Prepared by:
Le Hoang Van Trang
Ma Kebu
ria permana sari
1 2

Connel’s Theoritical Framework Pornography Law in Indonesia

• State is part of wider structure of gender relations.
• State produce gender regime.
• The state does gender.
• The state becomes involved in the historical process generating
and transforming the basic component of the gender order
• The state becomes the focus of interest group formation and
mobilization of sexual politics
• State position in gender politics is not fix (dynamic)
Passed on 2008
‘pornography is pictures, sketches, illustrations, photos, writing,
voice, sound, moving pictures, animation, cartoons,
conversations, movements of the body, or other forms through a
variety of communication media and/or performances in public
which contain obscenity or sexual exploitation which violates
the moral norms in society’ (Article 1)

3 4

1
 2/16/2011

The definition of pornography is vague and not clear

March 13, 2010
“Indonesian pop star gets jail
time in sex-tape scandal”
The 29-year-old singer – who said the videos
were stolen and posted online without his
knowledge – was the first celebrity to be found
guilty of violating the country's strict anti-
pornography law that went into effect in 2008.
4 February 2011
“Sexy Dancers Jailed by Indonesia's Porn
Law as Activists Fume” Control on body and sexuality
The Bandung District Court sentenced four
female dancers to two and a half months in
jail and fined them Rp 1 million ($110) Women's bodies are overtly identified as being the problem, the cause of
each. The manager of the cafe where the moral degradation
dance took place and the dancers’
coordinator were each given similar
sentences. Politicization of religion
Homosexuality as deviant (heteronormativity)
5 Threatened pluralism and can lead anarchism in the society 6

• The Constitution of Pakistan recognizes the

The third gender’s battle only half Right of individuals
won
Every individual would enjoy the protection of law and would be
By Mahnoor Sherazee treated in accordance with law
Published: December 7, 2010 a) no action detrimental to the life, liberty, body, reputation or
Karachi: After a long property of any person shall be taken except in accordance
with law;
heated debate and
struggle, the country’s b) no person shall be prevented from or be hindered in doing
that which is not prohibited by law; and
transgender
community has just
c) no person shall be compelled to do that which the law does
not require him to do.
managed to win half
their battle — the • The Constitution of Pakistan also guarantees the
inclusion of a box for Equality of citizens
the “third gender” a) All citizens are equal before law and are entitled to equal
community. protection of law;
7 b) There shall be no discrimination on the basis of sex. 8

2
 2/16/2011

Pakistan’s supreme court recently ruled that transgender community,

Practically, the state recognize the binary categories of male and female. will be registered by the government as part of a survey that aims to
integrate them further into society.
Transgender individuals in Pakistan are typically faced multiple
The move is aimed to “save them from a life of shame” and the process
problems from police, family, community and religious authorities.
will count their number

They have no skills to get engaged in the productive work, have no
access to the basic service.
They have no national identity cards to claim their right to vote and by
virtue of that they could not entitled to State provision.
Existing as sexual minorities, they have no right to work, self expression
and sexual preference. 9 Court’s decision.
Consequently, that would ensure access to State provisions, skill
development; registration for the Benazir Income Support Program, the
inclusion of a box for the “third gender” community; and including
their names in the voter lists
Recently, the National Database Registration Authority (NADRA) of
Pakistan has decided to issue Computerized National Identity Cards
(CNICs) to transgender individuals in accordance with the Supreme
10

References
“Indonesia upholds anti-pornography bill,” available online on http://news.bbc.co.uk/2/hi/8586749.stm
“Indonesia's anti-porn legislation too vague: critics,” http://www.cbc.ca/arts/story/2008/10/31/indonesia-legislation.html
“Pakistan Recognize Third Gender,” Politics Daily, available online on
http://www.politicsdaily.com/2009/12/25/pakistan-recognizes-third-gender/
“Pakistan Supreme Court Recognizes Third Gender,” Daily Contributor, available online on
http://dailycontributor.com/pakistan-supreme-court-recognizes-third-gender/9949/
“Pakistan's 'third gender' demand rights protection,” available online on
http://www.unhcr.org/refworld/category,COI,,COUNTRYNEWS,PAK,4c172b31c,0.html
“Six arrested in Indonesia for "sexy dancing“: Police,”
“The third gender’s battle only half won,” http://tribune.com.pk/story/86565/nadra-updates-nic-form-for-eunuchs/
Collison, Kerry B. , Indonesia's Anti-Porn Law is Sexist and Discriminatory
http://kerrycollison.blogspot.com/2010/03/indonesias-anti-porn-law-is-sexist-and.html
Collison, Kerry B., “Indonesia's Anti-Porn Law is Sexist and Discriminatory,” available online on
http://kerrycollison.blogspot.com/2010/03/indonesias-anti-porn-law-is-sexist-and.html
http://www.guardian.co.uk/world/interactive/2010/jan/28/pakistan-transgender-hijra-wedding-dancers
Jami, Humaira., Condition and Status of Hijras (Transgender, Transvestites etc.) in Pakistan (Country Report),
National Institute of Psychology, Quaid-i-Azam University, Islamabad, Pakistan
Pornography Law of Republic of Indonesia number 44 year 2008
Shaikh, Nabiha Meher., “Hijras, the Third Gender,” available online on
http://changinguppakistan.wordpress.com/2008/06/24/hijras-the-third-gender-nabiha-meher-shaikh/ 11 12

3
 2/16/2011

Discussion Discussion
Should the State regulate morality? • How significant is this ruling as a step toward
gender inclusiveness in Pakistan?

13 14