AGO holds authority on trial against Soeharto
Tiarma Siboro, The Jakarta Post, Jakarta
Chief Justice Bagir Manan said on Friday that the Attorney General's Office itself had to decide on its own whether it wanted to continue with corruption proceedings against former president Soeharto.
"The Attorney General's Office has the authority to issue an order halting the investigation and stopping the proceedings. As the prosecutorial institution, the office must make the declaration by itself without seeking our legal opinion," Bagir Manan told reporters at his office.
Bagir made the remarks in response to a letter sent by the Attorney General's Office two weeks ago seeking the Supreme Court's legal opinion on the matter in view of the fact that Soeharto was permanently incapacitated and unable to stand trial.
Since Soeharto stepped down from the presidency in May 1998, there have been constant public demands for him to be put on trial for suspected corruption during his time in power. He has been accused of stealing US$571 million from the state by funneling money from seven charitable foundations that he chaired into businesses belonging to his family and cohorts.
To date, a trial for Soeharto has never been able to get off the ground due to his pleading ill health. Many, however, doubt the statements made by the physicians.
During the last week of B.J. Habibie's presidency in October 1999, the Attorney General's Office even halted the investigation, saying that no evidence of wrongdoing had been found.
After being appointed Attorney General, Marzuki Darusman announced in December 1999 that the investigation into Soeharto's alleged graft was being reopened.
The South Jakarta District Court on Sept. 28 of last year, however, decided to drop the case on the grounds that the defendant was physically and mentally unfit to stand trial.
In February, the Supreme Court supported that decision by lifting Soeharto's city arrest status and ordering the Attorney General's Office to pay for the 80-year-old former dictator's medical treatment.