Morality and logic dictate that the victims of crime deserve justice and protection, rather than threats of prosecution. But Indonesia’s draconian anti-pornography law is as strictly enforced as it is ambiguous in defining victims and perpetrators. That has led to an actress implicated in a recent sex tape scandal to be reported to the police, despite signs pointing towards her being the victim.
Rebecca Klopper, a 21-year-old rising actress and singer, has been embroiled in a scandal after a sex video allegedly featuring her went viral on Twitter this week. The video, which shows a woman and a man – the latter of whom never shows his face and seems to be the one recording the clip – engaging in sexual acts, has caused a stir among netizens and widespread media coverage.
Some netizens claim that the woman in the video was Rebecca, based on physical characteristics and her clothing. However, there has been no clear confirmation or denial of this from Rebecca or her boyfriend, Fadly Faisal, who is also an actor and singer.
The actress, who has all but withdrawn from the public eye, has not posted anything on her social media accounts since the scandal broke out and has disabled the comment section on her Instagram posts.
Given the way sex tape scandals usually go in Indonesia, it came as no surprise when a group of lawyers went to the National Police HQ to demand that all involved in the sex tape be prosecuted. Including Rebecca – if she really is the woman in the video.
“We are of the opinion that this act by a public figure is inappropriate for public viewing, as it could damage the morality of the nation’s youth,” the Indonesian Muslim Lawyers Association (ALMI) said in a statement yesterday.
The group did not seem to take into account the possibility that Rebecca could be a revenge porn victim.
In truth, they don’t have to. Law no. 44/2008 on Pornography doesn’t distinguish between those who are involved in the production and those who disseminate pornographic content. In the eyes of the law, either or both are subject to a prison sentence of up to 12 years and a fine of up to IDR6 billion (US$402.699).
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We’ve seen this scenario play out numerous times, most notably during the biggest sex scandal the country has ever seen.
In 2011, Nazril Irham (better known as Ariel), a musician and frontman of the band Noah, was sentenced to 3.5 years in prison for appearing in separate sex tapes with actresses Luna Maya and Cut Tari. In court, no evidence was presented pointing to Ariel being the one who spread the videos online.
Yet the court placed the onus on Ariel, as a public figure, to be a responsible role model. In a country where pornography is outlawed, that means no recording sex tapes, even for private consumption between consenting adults..
That said, not everyone is keen to see Rebecca taken down by this latest scandal. The Legal Aid Institute of the Indonesian Farmers’ Harmony Association (LBH HKTI), which ordinarily provides legal assistance and advocacy for farmers and indigenous communities, is taking a more sympathetic approach towards the actress.
“Based on our observation, RK is a victim. We may even suspect that this viral video has some odd aspects. Like why did she have her eyes closed the entire time?” Jaenudin of LBH HKTI said today, referring to Rebecca by her initials.
“This could indicate that she was under the influence of drugs or alcohol or was pressured into it.”
LBH HKTI also went to the National Police HQ to file a police report today, but is hoping that the authorities focus their efforts on prosecuting whoever filmed and spread the video.
This latest sex tape scandal once again exposes the flaws and ambiguities of Indonesia’s anti-pornography law, which does not protect the victims of revenge porn or non-consensual filming. Rebecca faces the risk of being criminalized and stigmatized for something that she may not have consented to or even been aware of.
The scandal also raises questions about the role and responsibility of public figures, as well as the morality and ethics of the public who consume and spread such content. Instead of jailing victims, we need to provide support and empathy for those who are affected by such incidents.
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