Megawati mulls dropping charges against Soeharto
The Jakarta Post, Jakarta
In a shocking revelation that will invite fierce public debate, officials said here on Thursday that President Megawati Soekarnoputri was pondering whether to intervene in the stalled legal process against Soeharto by dropping all charges against the former president.
Technically defined as an "abolition", Megawati as President has the constitutional right to terminate all charges and effectively end any immediate hope of bringing Soeharto to trial, particularly in connection with the case he is currently facing for alleged graft.
It is unclear what prompted the President to even consider such an option, or even who first proposed it; however, the fact that Soeharto is under intensive care in the hospital and that the graft case into his alleged corruption via his foundations has been stalled at the courts for over a year, may be overriding factors.
News of the idea broke out after she consulted with her top political and security ministers at her official residence.
Among those present were Coordinating Minister for Political and Security Affairs Susilo Bambang Yudhoyono, Minister of Justice and Human Rights Yusril Ihza Mahendra and Attorney General M.A. Rachman.
It is not known what advice the Cabinet gave.
Yusril, after the meeting, remained vague on the reasoning behind it.
"Let the President decide for herself what should be done ... We've provided all the information that we can," Yusril remarked.
"Let's just wait for her decision," he added, while conceding that Megawati was well-informed on Soeharto's state of health.
Article 14 of the amended 1945 Constitution provides the President with the right to annul an ongoing prosecution, after consultation with the House of Representatives.
While extremely controversial, the move would not be a complete surprise.
While in office, Megawati's predecessor Abdurrahman Wahid repeatedly stated his intention to seek either a political solution to the Soeharto case or pardon him if he were eventually convicted.
At the time Abdurrahman had stated that he would use his presidential prerogative in exchange for the money Soeharto had allegedly stolen from the state.
There has been no suggestion that Megawati has the same motive, with her aides suggesting that "compassion" is the primary motive.
Susilo said she had told the ministers, "the Indonesian people must treat their leaders, including former president Soeharto, in a proper manner."
He added that Megawati was carefully considering the most "appropriate" process.
"There's some good and bad in everyone," Susilo remarked, adding that the government had looked at several options including legal, religious and humanitarian approaches.
He claimed that the emotional reaction that might arise had also been considered.
Should she go ahead with her decision, the initiative would certainly show that Megawati was willing to put aside her personal feelings as her father, the late president Sukarno, was not accorded the same privilege by Soeharto.
But the prosecution of the now 80-year-old former president has been a benchmark for both the Abdurrahman and Megawati administrations' commitment to combat corruption. It was an obligation clearly mandated by a decree from the 1999 People's Consultative Assembly.
Immediate reactions to the idea were critical.
Legal expert Abdul Hakim Garuda Nusantara, when asked by The Jakarta Post, questioned the President's even considering the idea.
"Soeharto is not merely implicated in graft but also faces accusations for human rights abuses during his 32 years in power," Abdul Hakim said, adding that it created a terrible precedent for similar cases involving high-ranking personalities.
Instead, he urged the government to push for an in-absentia trial to overcome Soeharto's inability to attend due to illness.
Abdul Hakim contended that the prosecution could only be halted if there were insufficient evidence, the alleged offense were not proven to be a crime or if the defendant were to die.
He further argued that even if the defendant died the state still had a right to recover state losses, adjudicated in a civil court, with the conviction executed by the heirs.
Soeharto is charged with illegally amassing US$571 million while in power for personal gain.
Meanwhile, Soeharto spent on Thursday the fourth straight day under intensive care in hospital.
His medical team said their patient remained in a "critical condition", with pneumonia and other complications.
Internist Ari Haryanto said the pneumonia had damaged Soeharto's liver function and urinary system.
He added that the latest examination showed Soeharto's temperature at 37.2 degrees Celsius, with a blood sugar reading of 144. His blood pressure had also risen from 140 to 150.
Soeharto's Legal Journey
May 21 1998: Soeharto steps down
Sept 25 1998: Soeharto authorizes prosecutors to find his alleged overseas deposits and assets
Nov 22 1998: Soeharto hands over his seven free-tax charity foundations to the state
Dec 2 1998: President B.J. Habibie issues an instruction to probe Soeharto's wealth
Dec 9 1998: Soeharto is questioned for the first time for four hours
Jan 12 1999: Prosecutors reveal indications that Soeharto violated the law in amassing wealth
May 31, 1999: Minister of Justice Muladi and Attorney General Andi M. Ghalib travel to Switzerland and Austria to trace Soeharto's assets. Upon returning to Indonesia, they say they have found no Soeharto assets or deposits in the two countries
Dec. 7, 1999: Soeharto is named as a suspect in corruption cases
Apr. 13, 2000: Soeharto is placed under city arrest.
Sept. 21, 2000: South Jakarta District Court decides to stop the hearing of Soeharto's case due to the defendant's poor health
Dec. 11, 2001: The Supreme Court states that a trial cannot be held due to his worsening health condition