Supreme Court may issue guidelines in Soeharto case

JAKARTA (JP): The Supreme Court is prepared to issue guidelines in the trial of former president Soeharto for his suspected role in a Rp 4.97 trillion corruption scandal, an official said on Wednesday.

"The Supreme Court can easily issue guidelines, but neither chief prosecutor Muchtar Arifin or the South Jakarta District Court has filed a written request for the guidelines," a public relations official at the Supreme Court, Djudjuk A. Rozzaq, told to reporters.

He said the court's right to issue guidelines for court cases was stipulated in Article 38 of Law 14/1985 on the Supreme Court.

The article states the Supreme Court is authorized to demand an explanation from, and issue guidelines to Indonesian courts in accordance with Article 25 of Law 14/1970 on the powers of the judicial institution.

The aging Soeharto is charged with misappropriating Rp 4.97 trillion in state funds. According to the prosecution, he funneled money from the tax-free charity foundations he headed during his 32-year rule into the businesses of family and associates.

Muchtar said Soeharto had violated Article 1, Paragraph 1b of the 1971 anticorruption law, which carries a maximum punishment of life imprisonment.

'Fatwa'

The second session of Soeharto's trial is scheduled to take place on Sept. 14 at the Ministry of Agriculture in South Jakarta. However, Soeharto's lawyers have already said their client's health will prevent him from attending the session, prompting Muchtar and South Jakarta District Court chief Lalu Mariyun to announce they will ask the Supreme Court to issue a fatwa (decree).

"A fatwa from the Supreme Court is needed ... whether the hearing should be held at the defendant's residence on Jl. Cendana, which is actually in the jurisdiction of Central Jakarta, or if the court should just read the charges in the defendant's absence at the Ministry of Agriculture," defense lawyer Muhammad Assegaf earlier said.

Djudjuk said that despite the technicalities, the panel of judges hearing the Soeharto case had the authority to go ahead with the trial should the defendant fail to appear in court without providing a legal excuse for failing to answer his summons.

"This is clearly stated in Article 23 of the 1971 anticorruption law.

"This case depends on the presiding judge. He needs to understand the case, study it carefully. If he feels confident about it, he will probably not need the Supreme Court to issue a legal opinion on the matter," Djudjuk said.

He also said that unlike in a civil case, where only the court could request the Supreme Court issue a legal opinion, both the prosecutor and the court could make such a request in a criminal case.

"Such written requests are usually filed in the Supreme Court's administrative division before being forwarded to the court's secretary-general and then to the chief justice, or in his absence to the deputy chief justice," Djudjuk said.

On the defendant's health problems, Lalu said after the initial court session on Aug. 31 he was mulling over a request by the prosecutors to appoint an independent team of doctors to examine Soeharto.

"I am still considering it ... anything is possible. The decision will be heard by the public in court," Lalu said on Wednesday.

Also, Soeharto's city arrest status was extended for an additional 60 days from Thursday. (ylt)