Soeharto case

Soeharto case

From Republika

The summoning to court of former president Soeharto will commence after the Annual Session of the People's Consultative Assembly. The relevant dossiers have been handed over by the Jakarta Prosecutor's Office to the South Jakarta District Court (Republika, Aug. 10, 2000). Soeharto is accused of committing a criminal act (Act No.3 of Year 1971).

I am of the opinion that it is not right and proper that a former president be tried by a district court. There is a precedent in which a former Cabinet minister (Sultan Hamid II) was tried directly by the Supreme Court. I am referring to the stipulation in the 1950 Constitution saying that certain high- ranking officials, even after they resign, are tried in the first and the highest courts by the Supreme Court, which I believe can still be applied to this particular case of Soeharto.

Should there be any doubt about this opinion of mine, the President could consult the Supreme Court for a fatwa (instruction/guidance of an older person).

HARUN ALRASID

Professor of Constitutional Law

University of Indonesia