Proving Soeharto's innocence

Recently, Juan Felix Tampubolon, one of Soeharto's lawyers, was shown almost every day on many television channels and stated that Soeharto was medically unfit to undergo questioning by prosecutors from the Attorney General's Office.

It is likely that his many controversial milk-and-water explanations or statements have befuddled the community. He accused the medical team from Cipto Mangunkusumo General Hospital (RSCM), that was appointed by the Attorney General's Office, of being professionally arrogant because the results of the checkup on Soeharto were different from the earlier results from Soeharto's team of doctors. The team, which consisted of 22 people, issued a statement that Soeharto was sick and incapable of being questioned.

On another occasion, Juan again accused the Attorney General's Office of being unprofessional, as the doctors had broken their patient's confidentiality by divulging the medical report on Soeharto's health examination.

Based on regulations and judiciary process, only an indictment prepared by the prosecutor that is "complete and clear" would be proceeded with and brought to court, when all parties met the requirements as stipulated in paragraph two, Article 143 of the Criminal Code Procedures (KUHAP). In Soeharto's case, preparing a "complete and clear" indictment as state evidence must be processed and gotten from Soeharto. That's why the Attorney General's Office issued a second summons for Soeharto after the latter was declared fit to face questioning by an independent medical team (The Jakarta Post, March 28, 2000).

In my opinion, as also explained by Dr. Merdias Almatsier, chairman of the Indonesian Medical Association (IDI) on a recent Fokus Indosiar newscast, the testimonies from the first team and the second team were different, although both were procedurally correct.

The main duty of the first team was to cure Soeharto, while the sworn statement that Soeharto was sick and, therefore, incapable of "certain activities" in "certain periods" was not mandatory to be processed by the Attorney General's Office. After some period of treatment, Soeharto's condition improved and so he was declared fit for questioning.

People might be confused that the positive results of Soeharto's medical treatment did not make his lawyer, Juan Felix Tampubolon, any happier than he ought to be. Soeharto has gentlemanly insisted that a person's innocence should be proven in court.

Therefore, this is a good chance for Juan Felix Tampubolon to defend Soeharto in the court proceedings and to prove his innocence. As the legal adage goes: Per angusta ad augusta (Through trial to triumph).

H.M. HADI S.

Cimahi, West Java