Compassion may rule Mega's decision on Soeharto

Tiarma Siboro and Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta

Aides close to Megawati Soekarnoputri revealed that she is strongly inclined to forgive ailing former president Soeharto, either by presidential pardon or revoking the charges, irrespective of whether legal proceedings continue.

Top Indonesian Democratic Party of Struggle (PDI Perjuangan) officials who met with the president on Saturday, in her capacity as party chief, said it was premature to reproach Megawati for contemplating the use of her right to intervene in the courts by revoking charges against Soeharto.

This latest development means that Megawati may allow legal proceedings on Soeharto to run their course, before issuing some sort of presidential pardon.

PDI Perjuangan deputy secretary-general Pramono Anung Wibowo told The Jakarta Post after meeting with the President at her residence on Saturday that Megawati "is considering using her constitutional right to grant either an abolition (revoking the charges) or clemency to Soeharto as a privilege as one of the former leaders of the country".

Megawati's compassion, rather than a search for justice and legal certainty in the Soeharto case, apparently remains the single most influential factor in her decision with her own father's dying years, first president Sukarno, imprinted in her memory.

"She stressed that this country must respect its leaders and revealed that they (the leaders) should not experience a similar fate as her father who was still declared a political detainee until his death," Pramono said, who was accompanied in Saturday's meeting by deputy party chairman Roy B.B. Janis.

Since Soeharto was rushed to hospital last week, there has been a national debate over the correctness of the president stepping in to stop Soeharto's case on humanitarian grounds.

Cabinet ministers have said that Megawati is pondering giving the former autocratic leader what the constitution defines as an "abolition".

The use of such a prerogative right would effectively end the legal proceedings against Soeharto's alleged abuse of power through his charitable foundations.

According to Pramono, their meeting with Megawati was to discuss internal party matters, however they used the opportunity to ask her directly about the Soeharto matter.

"Ibu Mega told us that she would take appropriate actions allowed in her capacity including granting an abolition or clemency."

Pramono however added that Megawati also remarked that "the case must be proceed in accordance with the existing law".

Different from an "abolition" which revokes charges while proceedings are on-going, clemency is granted only after a defendant is declared guilty.

The mood of forgiveness was also very much evident in Vice President Hamzah Haz who separately contended that humanitarian grounds was a strong basis for revoking the charges against Soeharto.

"But this debate is not meant to undermine the ongoing legal process or to erase his past mistakes," Hamzah said on Saturday during a visit to Kendal, Central Java.

"He can't even talk anymore. What can we do? If he cannot talk or think then what to do," the Vice President remarked while urging the public to stop looking at the past and move forward to build better Indonesia.

Meanwhile Soeharto's condition improved steadily after being admitted to Pertamina Hospital seven days ago with pneumonia with doctors saying that the worst seems to have passed.

"As long as there are no new complications in the next couple of days," internist Ary Harryanto said.

Neurologist Teguh A. S. Ranakusuma, who has treated Soeharto for the last four years, said there was no possibility of curing the patient's damaged brain cells which makes Soeharto unable to communicate or even fully comprehend a sentence.

"The number of Soeharto's brain cells will keep on declining as a result of the three strokes he had in the past years," he argued.

Separately legal expert Achmad Ali from Hasanuddin University suggested that judges take the initiative by reconvening the trial, stalled due to Soeharto's illness, at the former president's residence.

"The trial can still go on by moving the courtroom to Soeharto's residence where he can just lay there in bed."

"People may say that this violates Soeharto's human rights, but we must take it as the only alternative to try him. Just remember that his case is a very special one which will gauge the government's credibility," Achmad told the Post on Saturday.