Pardoning Soeharto<\/p>\n
President Abdurrahman Wahid has introduced his idea to pardon
\nformer president Soeharto, a statement that has sparked
\ncontroversy in the community. Many parties have voiced their
\ndisagreement to this idea. Even chairman of the Functional Group
\n(Golkar) Party, Akbar Tandjung, has definitely expressed his
\ndisagreement with the President in this respect. Akbar would like
\nto see Soeharto tried first in accordance with the prevailing
\nlegal process. Whether he will be pardoned after a court's ruling
\nis another matter.<\/p>\n
It is obvious that the President reserves the right to pardon
\nsomeone even before a judge makes a ruling. In this respect, the
\nPresident exercises his constitutional power by granting
\nclemency. However, if the President grants clemency to Soeharto,
\nwhich state's interest does he prioritize that cannot be
\nsacrificed by a legal process at a court of law?<\/p>\n
Indonesia is now undergoing various national crises. The worst
\ncrisis, one that requires immediate and careful handling, is the
\nproblem of national disintegration, as manifested in the cases of
\nAceh, Ambon, Irian Jaya and Riau, where the desire to secede from
\nthe Republic of Indonesia has been vigorously voiced. This is
\nindeed a difficult problem to handle. The President himself seems
\nto be extra careful and seems reluctant to visit Aceh. The root
\ncause may not even be in Aceh.<\/p>\n
At the same time as he receives a stronger push to settle the
\nsituations in Aceh, Irian Jaya, Maluku and so forth, the
\nPresident, instead, wishes to pardon former president Soeharto.
\nIs there any relationship between the intensified demand for
\nsecession from the Republic of Indonesia and the preparation for
\na judicial process for Soeharto? Will pardoning Soeharto
\nconstitute the key to the settlement of the problem of
\ndisintegration now haunting Indonesia? These two questions are
\nstill difficult to answer now. Anyway, the biggest stake of the
\nstate now is to maintain the totality of the territory of the
\nunitary state of the Republic of Indonesia. This is more
\nimportant than prosecuting or pardoning Soeharto.<\/p>\n
The first amendment to the 1945 Constitution has now become
\neffective. Originally, the President exercised his power pursuant
\nto article 14 of the 1945 Constitution without any consideration
\nfrom the House of Representatives (DPR). But after being amended,
\nthis provision stipulates that the President must take into
\naccount the consideration of the DPR in exercising his executive
\npower. Therefore, the President must explain in great detail to
\nthe DPR his idea to pardon Soeharto. The DPR can proactively
\ninvite the President to get the clearest explanation possible
\nabout this matter.<\/p>\n
House members must also be allowed to pose questions like the
\nfollowing: If Soeharto is pardoned or granted clemency, will all
\nthe problems be settled? Is there another alternative to overcome
\nthe national crisis apart from pardoning Soeharto? Does national
\ntotality depend on Soeharto alone? Will the state simply bow to
\nSoeharto's wishes? Will the Indonesian people let themselves
\nremain under the control of the wishes of Soeharto, the man who,
\nwhile in power, repressed the people and violated human rights?
\nMust the sense of justice of the community be sacrificed just for
\nthe sake of one Soeharto?<\/p>\n
Indeed, there are many other questions that may be asked
\nbefore a decision is reached to pardon Soeharto. In this way, the
\nwhole problem will be transparent and the best solution may
\ntherefore be sought.<\/p>\n
PAUSTINUS SIBURIAN<\/p>\n
Jakarta<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/pardoning-soeharto-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }