Compassion may rule Mega's decision on Soeharto

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.