Jakarta – The government must consider various avenues to conclude the legal cases around Soeharto, including a special 24-hour trial, said Presidential Advisory Council member Adnan Buyung Nasution.

Director of the Anti-corruption Study Center at Gadjah Mada University Denny Indrayana and Indonesian Institute of Sciences (LIPI) historian Asvi Warman Adam said a court decision was vital to provide a legal and political basis for any possible action on Soeharto.

They said this included a pardon, punitive measure or the restoration of his name.

Denny said it was important for the government to conclude legal processes, especially those related to Soeharto's criminal cases, including human rights violations like killings and kidnappings that occurred during his presidency.

"If the court finds Soeharto guilty, the government can consider giving him a legal, unquestionable pardon. If he is found to be not guilty through this legal process, then his reputation needs to be restored," Denny said.

The idea of a 24-hour trial for Indonesia's second president Soeharto was first suggested by Buyung on Jan. 16.He said the irregular legal step was needed by the government to make a proper decision regarding Soeharto's legal status.

Buyung said if President Susilo Bambang Yudhoyono pardoned Soeharto without any trial process, he could be impeached. "The most important thing needed for conducting the 24-hour trial is only a strong will from the Attorney General's Office and the Supreme Court," he told tempointeraktif.com.

Denny said the government has three options on Soeharto's legal case. He said to first, drop the legal process and keep the matter in dark obscurity forever. Second, give a pardon without having any clarity about what mistakes Soeharto is accused of; and third, continue the legal process and make a decision based on the court finding. "For me, the best option is the last one," he said.

Denny urged the government to consider Buyung's suggestions, even without Soeharto's presence at the 24-hour trial. "There will be no problem to conduct the trial without Soeharto's presence, because his lawyers can represent him. After all, the Attorney General's Office is ready with their official report for bringing Soeharto to trial," he said.

Asvi said he supported the idea. "If the government pardons Soeharto without any court decision, it will be a very bad precedent for Indonesia's law enforcement," he said.

"The government must have a strong reason for giving the pardon. The only way to prove Soeharto's wrongdoings as have been accused is through trial sessions," he said.

Buyung said there were at least three steps for carrying out the extraordinary trial.

First, the government needs to revoke the 2006 Letter of Case Investigation Cessation for Soeharto's criminal cases. The letter, Buyung said, was not aimed to stop the legal process entirely, but to discontinue trial sessions due to Soeharto's permanent illness.

Second, the government can carry out a trial session without Soeharto's presence. He said this would be different from an in-absentia trial, because the absence of Soeharto was merely due to illness not escape.

During the session, the prosecutor would only need to read Soeharto's official report; and 10 witnesses would be heard and all evidence would be presented in one session. Then, the panel of judges would make a decision based on the evidence and their consciences.

Third, after the trial is concluded, the government can talk about giving a pardon or not. (uwi)