Soeharto's trial wrong from beginning: Amien<\/p>\n
YOGYAKARTA (JP): Speaker of the People's Consultative Assembly
\n(MPR) Amien Rais said on Saturday that the trial of former
\npresident Soeharto would not have developed into a political
\ndebate if there had been no flaws in his medical reports from the
\nvery beginning.<\/p>\n
\"The case would not be in its present condition, if the
\nAttorney General's Office had provided the public with an
\nauthentic and authoritative medical report from a reliable
\nmedical team,\" Amien told reporters on the sidelines of a seminar
\nat Gadjah Mada University.<\/p>\n
\"What we now have is a situation of no trust. Some say this is
\njust cosmetic, while others say this is only a drama,\" he said,
\nalso expressing confidence that Soeharto would not show up at the
\nnext hearing on September 14.<\/p>\n
Amien, also chairman of the National Mandate Party (PAN),
\npredicted that the trial would never reach its goal of upholding
\nlaw and justice because of its political importance.<\/p>\n
\"It's now up to the people's representatives (legislators) to
\npressure the Attorney General's Office not to be uncertain in
\nhandling the case,\" he said.<\/p>\n
He regretted that the case was beyond simply returning the
\nmoney and now must be resolved in court.<\/p>\n
\"We have arrived at a compromise to solve the problem, that is
\nby taking Soeharto into a fair and transparent trial, sentencing
\nhim with a clear verdict, especially whether the court should
\norder him to return his fortune to the state, and then forgive
\nhim,\" he said.<\/p>\n
\"Gus Dur (President Abdurrahman Wahid) has given a guarantee
\nthat he will be pardoned should the court determine that Soeharto
\nis guilty.<\/p>\n
\"But how can we forgive him if he never finishes the trial?\"
\nhe said.<\/p>\n
Avoiding the trial, Amien said, would only leave a time bomb
\nbecause if the people went mad because of the trial, no power
\nwould be able to stop them.<\/p>\n
\"Just like what we experienced in the past,\" he said.<\/p>\n
Therefore, he suggested the Attorney General's Office take
\nproactive measures in handling the case.<\/p>\n
Separately, legal experts called on the South Jakarta District
\nCourt on Sunday looking for ways to continue with the trial.<\/p>\n
\"The panel of judges should dare to take an initiative to
\ncreate new legal structure aimed at upholding the law,\" said law
\nprofessor Satjipto Rahardjo of Diponegoro University, Semarang.<\/p>\n
He said the judges should be creative to make the legal
\nprocess continue, such as holding a hearing at Soeharto's
\nresidence, or holding the trial without Soeharto.<\/p>\n
He said in an in absentia trial, questions from judges and
\nprosecutors could be submitted to Soeharto through his lawyers,
\nalthough it would take more time.<\/p>\n
\"So, the trial does not stop because the defendant is unfit,\"
\nSatjipto, also member of the National Commission on Human Rights,
\nsaid.<\/p>\n
He quoted the Criminal Code Procedure that stated a criminal
\ncase could only be stopped if the defendant was dead or insane.<\/p>\n
\"I think Soeharto is not included in either category,\" he
\nsaid.<\/p>\n
Law professor Mahfudz Ali of Sultan Agung Islamic University,
\nYogyakarta shared Satjipto's opinion.<\/p>\n
\"If Soeharto cannot attend the hearing, he could give written
\nanswers to questions from the judges and the prosecutors. Not all
\nsick people can go to court,\" Mahfudz said.<\/p>\n
He suggested that Soeharto should be examined by an
\nindependent team of doctors to decide whether he could go to
\ncourt or not.<\/p>\n
However, he said if the team found that Soeharto could not go
\nto court, the trial should be stopped.<\/p>\n
\"If we forcibly conducted the trial, it would violate his
\n(Soeharto's) basic rights,\" Mahfudz said. (swa\/har\/jun)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/soehartos-trial-wrong-from-beginning-amien-1447893297",
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