A fair trial for Soeharto
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.