A fair trial for Soeharto

In just a few days time, barring unforeseen developments, the trial of former president Soeharto over charges of corruption is slated to begin. Officials have been hard at work over the past few days to make sure that everything will be in place for what will certainly be a major political event, the implications of which are difficult to foretell.

Soeharto's trial is certain to draw a good deal of attention, not only from Indonesians but also from observers and analysts elsewhere. Tirelessly pressured for months by thousands of student demonstrators, the Attorney General Marzuki Darusman has been hard pushed to make sure that the trial takes place without too much delay.

To ensure maximum security, South Jakarta District Court officials have decided to move the courtroom for the Soeharto trial to the main auditorium of the sprawling Ministry of Agriculture offices in South Jakarta, where the former president is to be carried by helicopter for the proceedings. Police, assisted by troops, will be on standby to keep order.

Soeharto will be charged principally with violating a law dating from 1971 by deliberately enriching himself at the state's expense. He is also subject to subsidiary charges as stipulated under an existing anti-corruption law by which a defendant may be convicted for abusing power to the extent of causing losses to the state. The crimes carry a maximum sentence of 20 years imprisonment plus a maximum fine of Rp 20 million.

One aspect that could stand in the way of a trial is Soeharto's ill health. He is known to have had two strokes and is reportedly suffering from brain damage, which is affecting his memory and ability to communicate. Doctors, from both the ex- president's personal team of physicians as well as those appointed by the Attorney General's Office, have in past days made their health checks and confirmed that the former president is in a frail condition.

Given the circumstances, President Abdurrahman "Gus Dur" Wahid has promised to pardon the ex-president should he be found guilty in court. Still, the public's anger at Soeharto's perceived past abuses is too great for the government to ignore. And so, the former strongman must stand trial on Thursday.

What many people in Indonesia do not seem to realize, though, is that, with the Soeharto case, the principle of the superiority of the law in Indonesia will also be put on trial. In other words, Soeharto's trial will be a testcase for the judiciary in this country precisely because of the heated controversies and emotions that surround it. How Soeharto is treated will determine whether or not true justice prevails in this country.

Let no one, therefore, try to influence the court proceedings in any way. One could use the argument that, in general, the machinery of the judiciary itself is presently perceived to be far from principled, and so a little pressure on it to act in a certain manner is justified.

Similarly, in any society that calls itself humane, justice must be tempered by compassion. This is not to say that judges should close their eyes to whatever offenses or crimes, if any, Soeharto committed while he was in power. After all, justice delayed is democracy denied, as the late American attorney general, Robert F. Kennedy, once said. Still, fairness is what justice is really about.

The upcoming trial of former president Soeharto is certain to be a high profile case that the whole country will follow with interest. Hopefully the South Jakarta District Court will be able to hold a fair trial for the ex-president and thereby set a good example for the judiciary and the nation to follow.