The issue of pardoning Soeharto

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