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)