Dropping Soeharto case 'hurt sense of justice'
Kurniawan Hari, The Jakarta Post, Jakarta
President Megawati Soekarnoputri's plan to revoke graft charges against former autocrat Soeharto has angered critics who say that such a move would insult people's sense of justice.
Legal practitioner Todung Mulya Lubis said if Megawati did withdraw the charges it would be an act of discrimination.
"It will be a bad precedent in our record of law enforcement. It will only preserve the practice of impunity," Todung told The Jakarta Post on Saturday.
He said the Soeharto case must firstly be brought to court to find out if the former dictator was guilty or not. "If the court finds Soeharto guilty, then the president can pardon him."
Coordinator of the Government Watch (Gowa) Farid R. Faqih emphasized that the move would also erode public trust in the government's efforts to combat corruption, collusion, and nepotism.
"Don't be in too much of a hurry to drop the charges. If president Megawati really makes that decision, it will hurt the people's feelings," said Farid.
Farid said the 80-year-old former dictator should be tried in absentia while he received intensive medical treatment at Pertamina hospital.
Soeharto was rushed to the hospital on Monday. Doctors said that the former president was suffering pneumonia.
As Soeharto spent his fourth day in hospital on Thursday Megawati held a scheduled consultation meeting with ministers.
The news of the possible intervention of Megawati in the stalled legal process emerged after the meeting.
The possible presidential intervention cites Soeharto's deteriorating health as the main concern. Soeharto is charged with amassing US$571 million from the state for personal gain.
Todung, however, rejected the reasoning, adding that Megawati's intention to respect a former president must not overpower the supremacy of law, in this case a decree of the People's Consultative Assembly (MPR) on eradication of corruption.
Todung, who chairs several law-related institutions, said he fully understood that the president had the prerogative to drop charges, technically known as "abolition".
However, he questioned why President Megawati had the intention of using her prerogative. "We are not in a bargaining position with Soeharto. In fact, Megawati is committed to combating corruption, collusion, and nepotism," he added.
Todung recalled that the government had revoked charges against rebel leaders in the PRRI/Permesta rebellion in 1958.
According to a book issued by the Armed Forces (ABRI) headquarters in 1995, the government gave "certain political measures" to those leaders as soon as the rebellion was defeated in 1961.
It said that those rebel leaders got no legal measures. But in order to keep political stability, some of the leaders were temporarily isolated.