For Indonesia, no reconciliation without justice

Former President Suharto had charges of graft dropped last week

October 2, 2000
Web posted at: 10:47 AM HKT (0247 GMT)

JAKARTA, Indonesia (Reuters) -- As Indonesia tries to come to grips with the abuses of the Suharto regime and turn forward to the future, it is increasingly clear there can be no reconciliation without justice.

And failure to punish the guilty will undermine the legitimacy of President Abdurrahman Wahid and his fledgling democratic government.

Analysts say the dropping of graft charges against former President Suharto on the grounds of ill-health undermines efforts to draw a line under the past and look to the even greater challenge of ensuring democracy flourishes in the world's fourth most populous nation.

"The court decision was a setback towards the reconciliation process," former human rights minister Hasballah Saad told Reuters on Sunday. "It's difficult to move on.

A Suharto trial considered crucial

"How can there be reconciliation when Suharto himself has not admitted any wrongdoing? The trial of former President Suharto is the only way towards a reconciliation process ... at the moment, many victims of his regime are still hurt."

An independent medical team found the 79-year-old former general, who has had three strokes, could not hold a normal conversation and was physically and mentally unfit for trial.

South Africa and South Korea moved on following their traumatic transitions to democracy only after the guilty admitted their crimes, said Hasballah, who was jailed by Suharto.

Hasballah was human rights minister in Wahid's first cabinet and now lectures on human rights and democracy at the state-run teachers institute of Jakarta.

Under Suharto's 32-year, army-backed rule, thousands of critics, opponents and activists were murdered, tortured or jailed, or simply disappeared.

The country ranked as one of the world's most corrupt and Suharto's family and cronies were involved in every major business by the time he fell amid economic and social chaos in May, 1998.

The former first family is accused of corruptly amassing a fortune of up to $45 billion in one of the world's poorest countries, charges they deny.

But the present case against Suharto that was dropped only dealt with allegations he embezzled $550 million from charities he controlled and many Indonesians want him called to account for more serious crimes he is alleged to have committed.

Wahid's credibility and legitimacy as Indonesia's first democratic president rests largely on his ability to achieve reconciliation and unite the country's warring groups.

The Australian newspaper warned in an editorial: "It is fundamental to Indonesia's future as a democracy that someone is held accountable for the excesses of the Suharto years."

A senior member of the opposition National Mandate Party, Bara Hasibuan, said Wahid must tackle Suharto over more substantial abuse.

Wahid losing support

President Wahid

"Not only did the government lose the case, but they are now losing public support," he told Indonesia Business magazine's IBonWEB.com website.

"So they must ... satisfy public demand for justice by showing great political will in formulating a fresh case which gets to the heart of abuse of power by Suharto. Show clearly they are on the side of the people who suffered under the Suharto system."

Indonesia's newly empowered parliament is considering draft legislation to establish a truth and reconciliation commission to uncover past crimes and, as importantly, acknowledge the suffering of victims and their families.

Former chief prosecutor of the U.N. Yugoslavia war crimes tribunal Louise Arbour warned at a recent seminar, attended by Indonesia's attorney-general, any offer of amnesty in return for confession must be twinned with the threat of prosecution.

But an honest and transparent judiciary is also crucial.

No-one denies Indonesia's judicial system is riddled with corruption. Senior lawyer Frans Winarta says up to 90 percent of court cases are decided by bribes to judges, prosecutors and other court officials.

"The legal system has been poisoned by corruption and penetrated by politics," he told Reuters.

The government is appointing new judges and dumping those suspected of corruption or incompetence, but lawyers such as Winarta say it could take years to clean up the system.

In the meantime, the government has had limited success.

Suharto's youngest and favourite son, Hutomo "Tommy" Mandala Putra, is due to be jailed on Monday for corruption over a separate $11 million land scam, a decision he is now appealing.

And the former president's close friend and golfing mate Mohamad "Bob" Hasan is on trial for graft over a multi-million dollar forestry mapping project, although he has not been convicted and denies any wrongdoing.

But many complain it's not enough.

Says Hasballah: "Pak Harto (Suharto) has a right for a pardon but he must clearly admit his faults in the past, ask for forgiveness and that's when the reconciliation process begins.

"We'll forgive him and we move on."

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