Ismira Lutfia & Markus Junianto Sihaloho – Indonesia's credentials as a democratic success story are under threat from a worrying trend toward litigation in response to free speech or criticism, a US-based rights watchdog said on Tuesday.

"Criminal defamation laws undermine democracy, the rule of law and freedom of expression in Indonesia," Human Rights Watch said in a statement to accompany the release of a 91-page report on the issue. "The government should not send those brave enough to speak their minds to prison."

Elaine Pearson, deputy director for HRW Asia, said people charged with criminal libel suits had "their lives shattered" while enduring lengthy prosecutions that could drag on for years.

"Criminal defamation investigations and prosecution can have a dramatic impact on the lives of those accused," she said. "Some reported that their personal and professional relationships were strained by the stigma of prosecution or conviction."

HRW urged legislators to repeal these laws and "replace them with civil defamation provisions that contain adequate safeguards to protect freedom of expression from unnecessary limitations."

Lawmakers, however, played down the group's call, saying the laws in place were essential to strengthen democracy.

Prosperous Justice Party (PKS) legislator Almuzzamil Yusuf said the laws were needed to protect individuals from libel. "It's part of how we protect individual human rights," he said. "If they were repealed, people could just commit slander and get away with it"

Ramadhan Pohan, from the ruling Democratic Party, said the laws were "in line" with the principles of democracy. "Civil society groups and mass media organizations are free to express their opinions, and so far it's gone well," he said.

"Even President [Susilo Bambang] Yudhoyono has seldom invoked defamation laws when it comes to his critics, so there's nothing to worry about. It's fine if HRW wants to comment on this issue, but don't dictate what we should do," he added.

According to the HRW report, "complaints appear to have been used to retaliate against people who had made allegations of corruption, fraud or misconduct against powerful interests or government officials."

Anggara, executive director of the Advocate Association's Legal Aid Center (PBH Peradi), said there were seven distinct laws dealing with defamation in the country. These include the Criminal Code, the 2003 Broadcasting Law and the controversial 2008 Information and Electronic Transaction Law.

"This is more than any other Asean country," he said. "Criminal defamation is a powerful weapon for people who want to silence their critics."

Margiyono, a coordinator for the Alliance of Independent Journalists, alleged that in libel cases the authorities were often biased for plaintiffs, most of whom were politicians or businesspeople, over defendants, who were mostly journalists or marginalized groups.

Illian Deta Arta Sari, a deputy coordinator at Indonesia Corruption Watch, said the trend to turn to litigation as a first resort had grown over the last five years.

"Criminal defamation charges are a cancerous scourge on democracy," she said. "As long as we allow these charges under our laws, our country will never be free from corruption."