Government criticized for Soeharto negotiations

JAKARTA (JP): Legal experts have criticized the government for seeking a deal with former president Soeharto while stalling in bringing his case to court.

Constitutional law professor Ismail Suny said on Wednesday that before insisting that former president Soeharto give up his wealth, he must first be proven guilty by the court.

"If his guilt is not yet determined, how could he be forced to give up his wealth?" Ismail said after introducing the new management of the Association of Indonesian Constitutional and Administrative Law Scholars.

President Abdurrahman Wahid has said he would employ both an out-of-court settlement and strong public pressure to force the Soeharto family to give up their alleged wealth.

He has said that the government is negotiating with the family. Minister of Mines and Energy Lt. Gen. (ret) Susilo Bambang Yudhoyono has been named chief negotiator to regain at least 50 percent of the alleged illegally gained wealth as an initial step.

The President claims that Soeharto's wealth totals at least US$45 billion.

Ismail criticized the slowness of the Attorney General's Office in the investigation into Soeharto.

"We could avoid further demonstrations if he (the attorney general) quickly took action," he said.

The apparent misuse of presidential decrees for self benefit or the benefit of Soeharto's children and cronies are strong enough proof to take the case to trial, Ismail said.

He said that only after a fair trial could compromises be made for Soeharto.

"We don't want him dead after putting him in prison, do we?" he said.

Another law expert, Bagir Manan, agreed with Ismail that Soeharto first should be put on trial before getting him to give up his alleged wealth, unless he or his family voluntarily surrendered it.

He also asserted the need to ascertain the extent of the former president's wealth and how much should be regained by the state.

If Soeharto voluntarily gives up his wealth, it "does not mean that the crime is then erased", Bagir said.

It only means that by the act his punishment could be reduced, he added. (10)