Soeharto still beyond the law

Soeharto still beyond the law

Kurniawan Hari, Jakarta

The country will mark on Friday the sixth anniversary of
president Soeharto's resignation -- and the failure to bring him
to court for his alleged involvement in a number of graft cases.

Legal observers say the whole nation is responsible for the
inability of the country's legal system to touch Soeharto.

Frans Hendra Winarta of the National Law Commission and
Hendardi from the Indonesian Legal Aid and Human Rights
Association blamed the reform movement for the failure.

"The reform movement had a false start because Soeharto's
successor was B.J. Habibie, who was a close aide of Soeharto,"
Hendardi told The Jakarta Post on Wednesday.

Habibie, he said, paved the way for compromise between reform
leaders and members of the status quo camp.

Winarta said that compromises between the reform movement and
the status quo affected the struggle for a genuine democratic
government, turning it into an aristocratic government.

He said this aristocratic government was marked by the
unwillingness of those in power to bring people close to them to
court for violating the law.

"The law enforcers have never been serious about upholding
justice because of the collusion and compromises," he told the
Post.

Soeharto, 82, has not stood trial despite being charged in a
US$500 million scam because of poor health. A medical team
appointed by the Attorney General's Office ruled the former
president was unfit to stand trial.

The long-time ruler is accused of enriching himself, his
family and cronies by laundering state funds through dozens of
tax-free foundations.

A team of doctors from Cipto Mangunkusumo Hospital ruled in
August 2002 that Soeharto had suffered permanent brain damage
from several minor strokes.

The doctors said that because of his brain damage, Soeharto
had totally or partially lost the ability to use and understand
words.

Soeharto's lawyers have suggested that the case against their
client be closed because of his health problems. The former
president was hospitalized earlier this month for a week due to
intestinal bleeding.

Many other former New Order officials have used illnesses to
escape legal steps against them.

In February, an official from the Attorney General's Office
said the office would reexamine Soeharto's case. But no steps
have been taken since this announcement.

Both Winarta and Hendardi doubted that whoever won the
upcoming presidential election would take steps to see the former
strongman brought to court.

"Because the president will face a strong challenge from the
status quo, I think he or she will have to compromise to save
their presidency," Hendardi said.

None of the six presidential candidates have made a legal
settlement of Soeharto's case part of their platforms.

Meanwhile, Winarta said he hoped the newly elected government
would lead the nation to a peaceful transition, which would
create the political climate necessary for improved elections in
2009.