Abolition and human rights<\/p>\n
From Media Indonesia<\/p>\n
Recently, there have been many arguments for and against the
\nPresident's plan to drop all corruption charges against former
\npresident Soeharto.<\/p>\n
Of course, people have their own opinions. A lawyer with all
\nhis perseverance would try to prove that his client did not
\ncommit the crime he stands accused of. So, a case is settled
\nafter the judge makes a ruling.<\/p>\n
I try to put myself in Soeharto's position. The possibility of
\nhim being granted abolition must make him feel that his human
\nrights are being violated. Why is it so?<\/p>\n
First, Pak Harto knows that all people are equal before the
\nlaw so he would demand similar treatment. Second, he knows the
\nprinciple of the presumption of innocence prevails and that it
\nshould be a court that decides whether he is guilty or not.<\/p>\n
As criminal charges have been laid against Pak Harto, he would
\nsurely demand that he be tried. After all, he has the right to
\nprove that he is innocent and that would be disclosed if he was
\ntried openly. It would be hard for Pak Harto to shoulder the
\ncharges to the end of his life if he has not been given a chance
\nto clarify the matter before the court.<\/p>\n
The Indonesian Encyclopedia says abolition is not granted in
\nthe case of criminal acts and their consequences. According to
\nArticle 14 of the 1945 Constitution, it is the prerogative of the
\npresident to grant abolition. Issues on abolition itself are
\ncovered in Article 366 of the Criminal Code. I think the word
\n\"abolition\" is derived from the English word \"to abolish\" meaning
\nto erase or remove. So, if abolition is granted to Pak Harto, it
\nmeans that he has to accept the charges leveled against him. That
\nwould surely be really hard for him to do.<\/p>\n
If we uphold his human rights and do not want to give him more
\nburdens to shoulder for the rest of his life, he should be
\nprosecuted in an effort to make his cases clear and to relieve
\nhis moral responsibility. This is just the point of view of a
\nlayman intending to ease the burden of former president Soeharto,
\nwho is also a citizen with no small contribution to the country.
\nTherefore, we should respect his human rights and there should be
\nno abolition granted to him.<\/p>\n
SOEGIH ARTO<\/p>\n
Jakarta<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/abolition-and-human-rights-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }