Experts differ in opinion on Soeharto case

Experts differ in opinion on Soeharto case

JAKARTA (JP): Experts differ in opinion on the decision by
presiding judge Lalu Mariyun to drop all charges of graft against
former president Soeharto and to return the dossiers to the South
Jakarta Prosecutor's Office.

Separately interviewed on Friday, former deputy chief justice
for criminal cases Adi Andojo Soetjipto, Association of
Indonesian Judges (IKAHI) secretary-general Djoko Sarwoko and
Attorney General's Office spokesman Yushar Yahya, however, had a
common interpretation that the case could be reopened some day.

"If I were Lalu Mariyun, I would not order the case's
registration number to be scratched from the district court's
criminal case register or that the dossiers be returned to the
South Jakarta Prosecutor's Office," Adi Andojo told The Jakarta
Post.

He said the grounds provided by all three medical teams should
not dismiss the legal prosecution of Soeharto.

"The Criminal Code Procedures (KUHAP) do not recognize the
inclusion of such medical reports as lawful factors that can
force a court to halt a prosecution," he said, while quoting
Article 156 of the KUHAP.

"Therefore, the court cannot return the dossiers to the
prosecutor's office as it has the legal responsibility to reopen
the case should Soeharto's health improve some day," he added.

He said a court could only order a halt into a criminal trial
if the case was built upon complaints filed by people or
institutions, and if the case was not a new case but had been
previously tried by a different panel of judges.

Meanwhile, both Djoko Sarwoko and Yushar Yahya defended the
move by Mariyun, who is also chief of the South Jakarta District
Court, to return the dossiers to the prosecutor's office.

"Lalu Mariyun's decision to return the dossiers was correct as
it does not mean the prosecutor's office cannot reopen the case,"
Djoko told the Post.

He said that by returning the dossiers on Soeharto to the
prosecutor's office, the prosecutors were keeping the case open
for a retrial.

"So, anytime the prosecutors find that the defendant is fit
enough to attend a trial, the prosecutors can immediately submit
the indictment again to court," he said.

Djoko's opinion was shared by Yushar, who said that the South
Jakarta Prosecutor's Office could at any time resubmit the
dossiers to the district court.

Both Adi Andojo and Djoko approved of Mariyun's rejection of
the prosecutors' proposal to hold an in absentia trial for
Soeharto.

"An in absentia trial is only lawful if the defendant is at
large," Adi Andojo said.

"It is impossible to hold an in absentia trial because the
defendant's whereabouts is known.

"Moreover, it's already clear by the examination by three
different medical teams that Soeharto cannot appear for trial,"
Djoko said.

Adi Andojo regretted Mariyun's move to ignore the prosecutors'
request to present Soeharto in court despite his ailing
condition.

"Soeharto could be brought to trial even though he would only
be required to nod or shake his head and to only say 'yes' or
'no' to questions from the judges or prosecutors," he said.

Meanwhile, Yushar Yahya said the prosecutors objected to the
judges' decision to announce that Soeharto was permanently unfit
to stand trial and the assessing doctors' statement that the
former ruler's illness could not be cured.

"How can a human being, even he or she is a medical doctor,
declare a person permanently unfit for trial?" he asked.

"These points would also be put in our appeal to the higher
court," he told journalists at his office.

He suggested that if all the medical reports were true, all
medical treatment for Soeharto should be halted, while citing
that all expenses for the former ruler's medical examination were
covered by the state. (bby/imn)