Artistic freedom: What is the limit?
Written by Ardela Nabila | Read in Indonesian
Back in 2005, artist Agus Suwage found himself in hot water for showing nudity in his work, which he created in collaboration with Davy Linggar. “Pinkswing Park” (2005) caused an uproar when it was displayed at CP Biennale 2005 in Jakarta.
The iconic installation featured a pink swing fashioned from a rickshaw carriage surrounded by large photo-montage panels of soap opera stars Anjasmara and Izabel Jahja frolicking nude, although their private parts were covered with a white circle.
Agus Suwage’s “Pinkswing Park” (2005) | Source: Singapore Art Museum
Even if it didn’t clearly display nudity, the work was still considered offensive. The Islamic Defenders Front (FPI) even threatened to sue the artist, photographer, curator and the two models involved in the work if it is not immediately taken down.
In mid-2021, the hunt for the creator of the “Jokowi: 404 Not Found” mural took place because the mural was seen as a potential threat to peace in the region and the nation. Other critical mural works were also blacked out for the same reason.
Mural or vandalism, which actually have artistic values, are considered an intentional act of damage. Those are only two of the many violations against the right to freedom of artistic expression experienced by Indonesian artists.
“Literature Study of Artistic Freedom in Indonesia 2010-2020” done by the non-profit organisation Koalisi Seni found 57 documented acts of violation against artistic freedom over the last decade.
The website kebebasanberkesenian.id, which was launched by Koalisi Seni in May 2023, revealed that there were 49 violations in 2021, 33 in 2022 and 10 in 2023.
The same study showed that violations of artistic freedom in Indonesia were widely committed by the police (110 reports), social organisations (44 reports) and local administration officials (35 reports).
These cases and data then raised the question, what is the limit to artistic freedom that artists in Indonesia have to pay attention to?
Limits in art will always exist
Aside from the many violations mentioned above and the strong advocacy on artistic freedom, in reality there will always be limits that must be recognised and observed by every artist.
This is the same as freedom of opinion and expression which is restricted and regulated in Law 12/2005 concerning the Ratification of the International Covenant on Civil and Political Rights.
Academician and member of the Jakarta Arts Council (DKJ) Film Committee Shuri Mariasih Gietty Tambunan said limits are needed so as to not collide with other rights.
For information, the concept of artistic freedom was first introduced by the United Nations Educational, Scientific and Cultural Organization (UNESCO) back in 2005.
The “2005 Convention Global Report” defines artistic freedom as the freedom to imagine, create and distribute diverse cultural expressions free of governmental censorship, political interference or the pressures of non-state actors.
“In my opinion, freedom does not mean that there are no limitations. Because such interpretation can lead to abuse by certain groups to elevate their positions as the majority. So it will be wrong when artistic freedom is used as a tool to dehumanise humans,” said Gietty at the press conference for the launch of the kebebasanberkesenian.id website.
Chairman of the Indonesian Legal Aid Foundation (YLBHI) Muhammad Insur shared a similar opinion, saying that artists need to understand the extent of the limitations.
This is because several regulations in Indonesia, such as the Electronic Information and Transactions Law (ITE Law), remain a hindrance to artists in creating art.
“As long as the ITE Law exists, we will inevitably face legal consequences (when violating it). So it needs not only collaboration and courage, but also an understanding of where the extreme point is in order to avoid it. That is the key,” Isnur explained
Transparency the main key in eradicating artistic freedom violations
Aside from the understanding of the limitations on artistic freedom, collaboration among relevant authorities is also a key to create regulations that are no longer limiting artists. Transparency is crucial to achieve this.
Gietty suggested that policymakers improve the policies and make them clearer. This of course can clarify the blurred boundaries between what may and may not be crossed, but still refers to the applicable legal basis.
“The solution is perhaps to create a system where artists can ask transparently and openly why this certain matter is prohibited; one that can be accessed publicly. There has to be transparency regarding what is allowed and what is not; these aspects must be clarified,” said Gietty.
She added, “There will always be an X factor. In Indonesia, the problem is always the X factor that is hidden under the rug and never mentioned. So there really has to be a system that forces the authority to make things clear, what is prohibited and why, as well as the legal basis. So transparency is a must.”
Gietty also suggested that artists are given the right to appeal if they are considered to have violated the law or norms. This means that apart from transparency, the authorities must also provide a solution to the issues they raise.
“Then access to file an appeal; if it is prohibited, what should we do so that it is not banned? What can artists do so that their work can be distributed, because this is also a right," she added.
Artistic freedom: The right of all
Actually, artistic freedom applies not only to artists.
The United Nations (UN) on its website said that freedom of art not only applies to artists, but also art enthusiasts. This is because this concept also encompasses the right to enjoy art.
Koalisi Seni Advocacy Manager Hafez Gumay said that for artistic freedom to become a whole concept, the fulfilment of basic rights for the two parties–the artists and the art enthusiasts–is needed.
“So a comprehensive protection for their rights, the basic rights around them, has to be guaranteed. Only then can art be enjoyed freely, whether as an artist or an art enthusiast,” said Hafez on the same occasion.
The root of artistic freedom is the freedom of expression which is stipulated in various regulations. The integrity of this concept is necessary in order to create an advanced art ecosystem.
Hafez said, “The root is the freedom of expression that exists in the international convention, as well as the 1945 Constitution. According to UNESCO, it is the foundation. Without it, art will not advance.”
In detail, UNESCO divided artistic freedom into six main components which complement each other, namely:
The right to create without censorship or intimidation.
The right to have artistic work supported, distributed and remunerated.
The right to freedom of movement.
The right to freedom of association.
The right to the protection of social and economic rights.
The right to participate in cultural life.
The enhancement of advocacy on artistic freedom is expected to make both artists and art enthusiasts understand their rights, mitigate potential violations and understand the steps they need to take when they become a victim.