As US Secretary of State Hillary Clinton emphasized in a speech last year, Indonesia has now "embraced democracy."

But in today's Indonesia, simply asking critical questions of public officials - a healthy aspect of democracy that can help spark pressure for change - can lead to a criminal conviction. Just ask Tukijo, who understands from first-hand experience how Indonesia's criminal defamation laws threaten its status as one of the world's largest democracies.

I met Tukijo last November in Yogyakarta. He is a farmer from Kulon Progo who unexpectedly found himself the subject of a criminal defamation complaint in May 2009. Fearing government officials would take away his land for a mining project, Tukijo had asked the head of his subdistrict about the results of a land assessment. A heated conversation ensued.

As a result, he was put on trial early this year, found guilty of defamation and sentenced to six months' probation and a three month suspended jail sentence. Tukijo told me when we spoke in November, "I think the government might be broken. Why should people asking questions be suspected like this? . One night, my wife and sons were crying and saying, *What if you are sent to jail and we can't see you anymore?'"

Tukijo is one of scores of individuals who have been charged or questioned under Indonesia's criminal defamation laws. Journalists and anticorruption activists are frequent targets because of the nature of their work.

May 21 marked the twelfth anniversary of Soeharto's resignation, the event that began Indonesia's transformation to democracy. The growth of democratic institutions, in particular a free press, in such a short time is remarkable - so much so, that it seems at odds with a modern Indonesia to keep such laws on the books.

The Dutch introduced criminal provisions for defamation as a means of quelling resistance to colonial rule, but these laws continue to be used to this day. In fact, as recently as 2008, the Indonesian government strengthened criminal penalties for defamation on the internet, under a new internet law that even allows for pre-trial detention of those who express opinions online that are considered defamatory.

Indonesia's criminal defamation laws violate the internationally recognized right to freedom of expression, under treaties to which Indonesia is a party. One problem with criminal defamation laws is that they are open to manipulation. Police have aggressively pursued criminal defamation charges brought by influential political or other powerful figures.

Take the case of the anticorruption activists Emerson Yuntho and Illian Deta Arta Sari. The Attorney General's Office brought charges against the pair back in January 2009, but the police only decided to act on the charges ten months later, when the activists' organization was campaigning against corruption in the police force.

In some cases documented by Human Rights Watch, police used intimidating tactics when pursuing criminal defamation charges. At times, police have not bothered to properly investigate the underlying complaint, such as corruption, and instead prioritized a criminal defamation case against the person who exposed the corruption.

Being investigated or prosecuted for criminal defamation can have devastating effects on those accused. It can cost journalists their jobs, and organizations their reputations. The threat of prison causes stress for families, and lengthy trials cause headaches for business owners. And the fear of being branded a criminal creates self-censorship - making journalists think twice before writing critical articles about influential political figures. Risang Bima Wijaya, a journalist convicted of defamation as the result of an article he wrote, told Human Rights Watch, "it was like an infection when other journalists found out" about his conviction.

Individuals certainly have the right to protect their reputation, but that can be accomplished through civil defamation laws. No one should go to prison simply for peacefully expressing their views.

Rather than pressing criminal charges against the likes of Tukijo, Illian Deta Arta Sari, and Emerson Yuntho, public officials should not only drop all charges against individuals, but also understand that enduring peaceful criticism is a necessary part of democratic rule.

When he visits Indonesia some day, President Obama should certainly acknowledge that Indonesia has made great strides on the path to democracy over the past ten years. But he should not ignore the lingering threats to democracy that persist in Indonesia.

In particular, President Obama should press Indonesia to repeal its criminal defamation laws and replace them with civil laws with adequate safeguards to provide a balance with the fundamental right of free speech. Failing to do so will only embolden the powerful and continue to have a chilling effect on people brave enough to speak up for their rights. If Indonesia truly shares the same commitment to democratic society as the United States, it should promptly address this serious problem.

After all, where would Indonesia be now if all those who criticized Suharto had continued to be silenced?

The writer is acting Asia director of Human Rights Watch.

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