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Time: Suharto: Twilight of the God 01/27/2008
After the overthrow, Suharto spent most of his time living at
home with his family in an upscale neighborhood in central Jakarta even as allegations of ill-gotten wealth percolated
through the press. Citing declining health and diminished mental capacity, Suharto managed to stay out of court
despite a 1998 legislative decree ordering an investigation in all corruption, collusion and nepotism charges involving
Suharto. He was constantly in and out of hospitals after suffering strokes and undergoing kidney dialysis.
When it became clear that he would not survive the latest hospitalization,
the new rulers of the archipelago came to pay homage and to pray for his recovery. The Golkar party, which Suharto
founded and retains the largest bloc in parliament, called for all pending graft charges —pending for a decade
now — be dropped. As the ex-strongman lay dying, the health minister instructed all hospitals to provide their
best equipment to Pertamina hospital, where Suharto was being treated. But after three weeks, he died of multiple
organ failure. He will be buried next to his wife in the central Java city of Solo. It is not clear what will happen
to the civil suit brought against him by Indonesia's attorney general for allegedly siphoning off more than $1.4
billion from one of the many foundations set up during his rule.
An era of democracy has now replaced Suharto's despotic rule. And yet, he leaves behind an edifice as sturdy as
that millennium-old temple in Prambanan. The way things are done in Indonesia is the system of patronage he set
up and it remains firmly in place to this day.
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TIME Mulls Indonesia Court Ruling 09/11/07
When TIME's Asian edition published an investigative story in 1999 demonstrating
how Indonesian leader Suharto and his children had enriched themselves during his 32-year rule, the former dictator
sued the magazine for libel. He asked for a remarkable sum of money — $27 billion — and he lost. The Central Jakarta
District Court rejected his suit in 2000, a decision that was subsequently upheld by an intermediate appellate
court and widely viewed as a victory for press freedom in the country.
Suharto's lawyers continued to appeal the decision, however,
all the way up to Indonesia's Supreme Court. There was no indication that the case had progressed, until yesterday.
Press reports quoted a court spokesman in Jakarta as saying that the Supreme Court has ruled against TIME, awarding
Suharto — who stepped down as President in 1998 and who, at age 86, is apparently in declining health — $106 million
and calling for TIME to print an apology.
TIME and its lawyers assume the reports are accurate, even though TIME hasn't yet been informed of any decision.
The magazine stands by its story. "This is a blow to freedom of the press, and it means it is not safe for
the press to work," Todung Mulya Lubis, an Indonesian lawyer representing TIME, told Agence France Presse.
"TIME will take any legal measures available to defend freedom of the press, because this is important to
uphold justice and the truth."
The article in question, a 14-page story entitled "The Family Firm" (the cover line read "Suharto
Inc.,") showed how Suharto and his children built up a fortune estimated at $15 billion in "cash, shares,
corporate assets, real estate, jewelry and fine art," amid a climate of corruption, collusion and nepotism.
Suharto denied the charges, and when he brought his lawsuit,
many observers assumed that a foreign publication wouldn't be able to get a fair trial in Indonesia when it was
up against a former President who had appointed the judges hearing the case. Yet the Jakarta court ruled that the
article had been published in the public interest, a defense against defamation in Indonesia, and that Suharto
had presented insufficient evidence to support his claims. The court also ruled that TIME had "covered both
sides" in its article.
It's unclear why the Indonesian Supreme Court has apparently now overturned that ruling. Neither side presented
any fresh arguments before the high court. Once TIME is officially notified of the decision, it has the option
of filing a request that the court review its decision, the final stage in the Indonesian legal process.
Ironically, the Indonesian government has pursued its own cases against Suharto, alleging widespread corruption.
Indonesia's attorney general dropped corruption charges last year, citing Suharto's inability to defend himself
due to poor health. But press reports indicate that a civil case seeking more than $1.5 billion, which alleges
that Suharto misused charity funds during his rule, is still pending.
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