Proving Soeharto's innocence

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