Supreme Court may issue guidelines in Soeharto case<\/p>\n
JAKARTA (JP): The Supreme Court is prepared to issue
\nguidelines in the trial of former president Soeharto for his
\nsuspected role in a Rp 4.97 trillion corruption scandal, an
\nofficial said on Wednesday.<\/p>\n
"The Supreme Court can easily issue guidelines, but neither
\nchief prosecutor Muchtar Arifin or the South Jakarta District
\nCourt has filed a written request for the guidelines," a public
\nrelations official at the Supreme Court, Djudjuk A. Rozzaq, told
\nto reporters.<\/p>\n
He said the court's right to issue guidelines for court cases
\nwas stipulated in Article 38 of Law 14\/1985 on the Supreme Court.<\/p>\n
The article states the Supreme Court is authorized to demand
\nan explanation from, and issue guidelines to Indonesian courts in
\naccordance with Article 25 of Law 14\/1970 on the powers of the
\njudicial institution.<\/p>\n
The aging Soeharto is charged with misappropriating Rp 4.97
\ntrillion in state funds. According to the prosecution, he
\nfunneled money from the tax-free charity foundations he headed
\nduring his 32-year rule into the businesses of family and
\nassociates.<\/p>\n
Muchtar said Soeharto had violated Article 1, Paragraph 1b of
\nthe 1971 anticorruption law, which carries a maximum punishment
\nof life imprisonment.<\/p>\n
'Fatwa'<\/p>\n
The second session of Soeharto's trial is scheduled to take
\nplace on Sept. 14 at the Ministry of Agriculture in South
\nJakarta. However, Soeharto's lawyers have already said their
\nclient's health will prevent him from attending the session,
\nprompting Muchtar and South Jakarta District Court chief Lalu
\nMariyun to announce they will ask the Supreme Court to issue a
\nfatwa (decree).<\/p>\n
"A fatwa from the Supreme Court is needed ... whether the
\nhearing should be held at the defendant's residence on Jl.
\nCendana, which is actually in the jurisdiction of Central
\nJakarta, or if the court should just read the charges in the
\ndefendant's absence at the Ministry of Agriculture," defense
\nlawyer Muhammad Assegaf earlier said.<\/p>\n
Djudjuk said that despite the technicalities, the panel of
\njudges hearing the Soeharto case had the authority to go ahead
\nwith the trial should the defendant fail to appear in court
\nwithout providing a legal excuse for failing to answer his
\nsummons.<\/p>\n
"This is clearly stated in Article 23 of the 1971
\nanticorruption law.<\/p>\n
"This case depends on the presiding judge. He needs to
\nunderstand the case, study it carefully. If he feels confident
\nabout it, he will probably not need the Supreme Court to issue a
\nlegal opinion on the matter," Djudjuk said.<\/p>\n
He also said that unlike in a civil case, where only the court
\ncould request the Supreme Court issue a legal opinion, both the
\nprosecutor and the court could make such a request in a criminal
\ncase.<\/p>\n
"Such written requests are usually filed in the Supreme
\nCourt's administrative division before being forwarded to the
\ncourt's secretary-general and then to the chief justice, or in
\nhis absence to the deputy chief justice," Djudjuk said.<\/p>\n
On the defendant's health problems, Lalu said after the
\ninitial court session on Aug. 31 he was mulling over a request by
\nthe prosecutors to appoint an independent team of doctors to
\nexamine Soeharto.<\/p>\n
"I am still considering it ... anything is possible. The
\ndecision will be heard by the public in court," Lalu said on
\nWednesday.<\/p>\n
Also, Soeharto's city arrest status was extended for an
\nadditional 60 days from Thursday. (ylt)<\/p>",
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