The issue of pardoning Soeharto
President Abdurrahman Wahid has introduced his idea to pardon former president Soeharto, a statement that has sparked controversy in the community. Many parties have voiced their disagreement to this idea. Even general chairman of the Functional Group (Golkar) Party, Akbar Tandjung, has definitely expressed his disagreement with the President in this respect. Akbar would like to see Soeharto tried first in accordance with the prevailing legal process. Whether he will be pardoned after a court's ruling is another matter.
It is obvious that the President reserves the right to pardon someone even before a judge makes a ruling. In this respect, the President exercises his constitutional power by granting clemency. However, if the President grants clemency to Soeharto, which state's interest does he prioritize that cannot be sacrificed by a legal process at a court of law?
Indonesia is now undergoing various national crises. The worst crisis, one that requires immediate and careful handling, is the problem of national disintegration, as manifested in the cases of Aceh, Ambon, Irian Jaya and Riau, where the desire to secede from the Republic of Indonesia has been vigorously voiced. This is indeed a difficult problem to handle. The President himself seems to be extra careful and seems reluctant to visit Aceh. The root cause may not even be in Aceh.
At the same time as he receives a stronger push to settle the situations in Aceh, Irian Jaya, Maluku and so forth, the President, instead, wishes to pardon former president Soeharto. Is there any relationship between the intensified demand for secession from the Republic of Indonesia and the preparation for a judicial process for Soeharto? Will pardoning Soeharto constitute the key to the settlement of the problem of disintegration now haunting Indonesia? These two questions are still difficult to answer now. Anyway, the biggest stake of the state now is to maintain the totality of the territory of the unitary state of the Republic of Indonesia. This is more important than prosecuting or pardoning Soeharto.
The first amendment to the 1945 Constitution has now become effective. Originally, the President exercised his power pursuant to article 14 of the 1945 Constitution without any consideration from the House of Representatives (DPR). But after being amended, this provision stipulates that the President must take into account the consideration of the DPR in exercising his executive power. Therefore, the President must explain in great detail to the DPR his idea to pardon Soeharto. The DPR can proactively invite the President to get the clearest explanation possible about this matter.
House members must also be allowed to pose questions like the following: If Soeharto is pardoned or granted clemency, will all the problems be settled? Is there another alternative to overcome the national crisis apart from pardoning Soeharto? Does national totality depend on Soeharto alone? Will the state simply bow to Soeharto's wishes? Will the Indonesian people let themselves remain under the control of the wishes of Soeharto, the man who, while in power, repressed the people and violated human rights? Must the sense of justice of the community be sacrificed just for the sake of one Soeharto?
Indeed, there are many other questions that may be asked before a decision is reached to pardon Soeharto. In this way, the whole problem will be transparent and the best solution may therefore be sought.
PAUSTINUS SIBURIAN
Jakarta