Supreme Court may issue guidelines in Soeharto case

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)