Experts differ on Soeharto's trial

Experts differ on Soeharto's trial

JAKARTA (JP): With former president Soeharto's appearance as a
defendant in his corruption trial in doubt, judicial experts
disagreed on Thursday over the legality of trying him in his
absence.

Satjipto Rahardjo from Diponegoro University, Semarang,
Central Java said an in absentia trial for Soeharto was legally
baseless.

"Such a trial can only be held when the defendant is at large
or his or her whereabouts are unknown.

"The trial cannot continue without Soeharto's presence at the
courtroom, because he is not hiding or at large," he said as
quoted by Antara.

Satjipto said the panel of judges had the authority to ask for
a medical examination by an independent team of doctors to re-
check the state of Soeharto's health.

"The examination is to confirm the accuracy of the initial
medical diagnosis. It is natural for prosecutors to ask for an
independent team of doctors' examination to give a second opinion
on Soeharto's condition," he said.

However, University of Indonesia (UI) criminal law lecturer
Harkristuti Harkrisnowo said the 1971 anti-corruption law, which
is being used against Soeharto, allows for an in absentia trial.

"The trial can continue even if Soeharto is declared unfit for
the trial," she told The Jakarta Post by phone on Thursday
evening.

She was referring to Paragraph 1, Article 23, of the law,
which states that if a defendant cannot appear before a trial
without a valid reason, the case can continue and the judges are
entitled to issue a verdict without the defendant's presence.

"Moreover, Paragraph 5 of the article says that if the
defendant dies before a verdict is issued and there is strong
evidence that the defendant has committed corruption, the judges
can seize all the defendant's properties," she said.

Another UI legal expert, Loebby Loqman, said that presenting
Soeharto in court was problematic.

"He can escape from the obligation to appear at the trial
providing the state of his health is a valid reason.

"But, many people doubt the report presented by Soeharto's
lawyers. Is it true that Soeharto is really ill? That's what the
judges should find out," he said in a live interview with state
television station TVRI on Thursday evening.

Andi Rudiyanto Asapa of the National Council of Indonesian
Legal Aid and Human Rights Association (PBHI) said in Makassar,
South Sulawesi, that the judges should deliver a summons to
Soeharto to attend the trial in the future.

"But, if he fails to respond to the third summons, the
prosecutors have the right to force him (Soeharto) to appear in
court despite his illness," Andi said, referring to Criminal Code
Procedures.

"Or, if the defendant has acceptable grounds for being absent
from the hearing, the panel of judges could come to the
defendant's residence and hold the trial (there). The panel of
judges is also authorized to have the defendant's health checked
(in hospital) if the defendant is said to be ill," Andi, who is
also chairman of the Makassar Lawyers Club, said.

While criminal law expert Prof. Muchsan of the Yogyakarta-
based Gadjah Mada University said that a medical recommendation
by an independent team of doctors could be used by the judges to
decide whether the court should force Soeharto to attend the
trial or not. (bby/27/44/sur)