South Jakarta District Court considers reopening Soeharto case

A'an Suryana and Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta

The South Jakarta District Court is now studying the possibility of reopening a corruption case against former president Soeharto, and is expected to announce its decision next week, South Jakarta District Court Head Lalu Mariyun said.

"We are examining the request, and hope that we will be able to come to a decision next week," Mariyun told journalists in his office on Friday.

Soeharto, who was forced to resign in May 1998 following massive riots that left Jakarta and other big Indonesian cities in chaos, has been charged with illegally amassing US$571 million for personal gain while he was president for more than three decades.

Judges temporarily stopped the trial in September 2000 on the advice of doctors who said that Soeharto was too ill to stand trial, having suffered a brain hemorrhage due to stroke.

In a non-binding legal opinion, the Supreme Court said that Soeharto was too ill to stand trial, but added that it was up to prosecutors to decide whether or not to attempt to bring him to court again.

Purwanto, the head of the Jakarta prosecutors' office, said on Thursday that his office has submitted a letter to the South Jakarta District Court requesting that the court reopen Soeharto's corruption case quickly to avoid delay.

Mariyun confirmed on Friday that his office had received a letter from local prosecutors, but refused to comment as to whether his office would grant the request.

In its one-page letter, dated Feb. 26, the prosecutors' office said Soeharto's "trial has not been completed yet."

The prosecutors' office argued that it was necessary to expedite the case in a timely manner, since Soeharto's health "cannot be hoped to improve," according to the doctors' report.

"Based on these considerations, we ask that the court quickly reopen the case," Purwanto said in his letter.

Asked if the former president's health condition had improved enough for him to stand trial, Purwanto refused to comment.

"Just wait until the trial is reopens, and we will then know" his condition, he told reporters.

"The trial dossier of the Soeharto case remains in the district court, and the controversy remains outside the court," he said. "The reopening of the case is needed to see whether Soeharto must face a trial again."

President Megawati Soekarnoputri has sought the approval of the House of Representatives to drop the charge against Soeharto altogether, based on humanitarian grounds.

By contrast, the majority of the public has demanded that the corruption trial be re-continued against the 80-year-old.

Separately, legal expert Adnan Buyung Nasution said on Friday that a resolution of the Soeharto case was a must.

"The district court should not repeat its past experience in which the case was left in limbo," he said.

"It should immediately check the health condition of the former president, and then decide whether or not he can stand trial," he told the Post.

Soeharto's legal journey

- May 21, 1998: Soeharto steps down

- Dec. 2, 1998: President B.J. Habibie issues an instruction to probe Soeharto's wealth

- Jan. 12, 1999: Prosecutors reveal indications that Soeharto violated the law in amassing wealth

- Dec. 7, 1999: Soeharto is named as a suspect in corruption cases

- April 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 his poor health

- Dec. 11, 2001: The Supreme Court states in its non-binding opinion that a trial can't be held due to Soeharto's worsening health condition

- Feb. 26, 2002: South Jakarta Prosecutors Office seeks reopening of Soeharto case.