Megawati mulls dropping charges against Soeharto

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