Experts differ in opinion on Soeharto case<\/p>\n
JAKARTA (JP): Experts differ in opinion on the decision by
\npresiding judge Lalu Mariyun to drop all charges of graft against
\nformer president Soeharto and to return the dossiers to the South
\nJakarta Prosecutor's Office.<\/p>\n
Separately interviewed on Friday, former deputy chief justice
\nfor criminal cases Adi Andojo Soetjipto, Association of
\nIndonesian Judges (IKAHI) secretary-general Djoko Sarwoko and
\nAttorney General's Office spokesman Yushar Yahya, however, had a
\ncommon interpretation that the case could be reopened some day.<\/p>\n
\"If I were Lalu Mariyun, I would not order the case's
\nregistration number to be scratched from the district court's
\ncriminal case register or that the dossiers be returned to the
\nSouth Jakarta Prosecutor's Office,\" Adi Andojo told The Jakarta
\nPost.<\/p>\n
He said the grounds provided by all three medical teams should
\nnot dismiss the legal prosecution of Soeharto.<\/p>\n
\"The Criminal Code Procedures (KUHAP) do not recognize the
\ninclusion of such medical reports as lawful factors that can
\nforce a court to halt a prosecution,\" he said, while quoting
\nArticle 156 of the KUHAP.<\/p>\n
\"Therefore, the court cannot return the dossiers to the
\nprosecutor's office as it has the legal responsibility to reopen
\nthe case should Soeharto's health improve some day,\" he added.<\/p>\n
He said a court could only order a halt into a criminal trial
\nif the case was built upon complaints filed by people or
\ninstitutions, and if the case was not a new case but had been
\npreviously tried by a different panel of judges.<\/p>\n
Meanwhile, both Djoko Sarwoko and Yushar Yahya defended the
\nmove by Mariyun, who is also chief of the South Jakarta District
\nCourt, to return the dossiers to the prosecutor's office.<\/p>\n
\"Lalu Mariyun's decision to return the dossiers was correct as
\nit does not mean the prosecutor's office cannot reopen the case,\"
\nDjoko told the Post.<\/p>\n
He said that by returning the dossiers on Soeharto to the
\nprosecutor's office, the prosecutors were keeping the case open
\nfor a retrial.<\/p>\n
\"So, anytime the prosecutors find that the defendant is fit
\nenough to attend a trial, the prosecutors can immediately submit
\nthe indictment again to court,\" he said.<\/p>\n
Djoko's opinion was shared by Yushar, who said that the South
\nJakarta Prosecutor's Office could at any time resubmit the
\ndossiers to the district court.<\/p>\n
Both Adi Andojo and Djoko approved of Mariyun's rejection of
\nthe prosecutors' proposal to hold an in absentia trial for
\nSoeharto.<\/p>\n
\"An in absentia trial is only lawful if the defendant is at
\nlarge,\" Adi Andojo said.<\/p>\n
\"It is impossible to hold an in absentia trial because the
\ndefendant's whereabouts is known.<\/p>\n
\"Moreover, it's already clear by the examination by three
\ndifferent medical teams that Soeharto cannot appear for trial,\"
\nDjoko said.<\/p>\n
Adi Andojo regretted Mariyun's move to ignore the prosecutors'
\nrequest to present Soeharto in court despite his ailing
\ncondition.<\/p>\n
\"Soeharto could be brought to trial even though he would only
\nbe required to nod or shake his head and to only say 'yes' or
\n'no' to questions from the judges or prosecutors,\" he said.<\/p>\n
Meanwhile, Yushar Yahya said the prosecutors objected to the
\njudges' decision to announce that Soeharto was permanently unfit
\nto stand trial and the assessing doctors' statement that the
\nformer ruler's illness could not be cured.<\/p>\n
\"How can a human being, even he or she is a medical doctor,
\ndeclare a person permanently unfit for trial?\" he asked.<\/p>\n
\"These points would also be put in our appeal to the higher
\ncourt,\" he told journalists at his office.<\/p>\n
He suggested that if all the medical reports were true, all
\nmedical treatment for Soeharto should be halted, while citing
\nthat all expenses for the former ruler's medical examination were
\ncovered by the state. (bby\/imn)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/experts-differ-in-opinion-on-soeharto-case-1447893297",
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