Sharia law expert to testify in favor of Soeharto children

The South Jakarta District Court Judges on Tuesday allowed defense lawyers to bring in a law expert to testify in favor of Soeharto's children in connection with alleged misuse of state funds involving the late former leader.

Soeharto family's lawyer, Juan Felix Tampubolon, said the witness, a professor of Islamic law, Bustanul Arifin, would testify as to whether Soeharto's children would have to stand trial in the civil case following their father's demise.

"The witness should be heard because there are still legal questions on the interpretations of the Civil Code concerning deceased defendants and their legal heirs," Juan Felix said.

Bustanul, a former deputy Supreme Court chief justice for religious courts, was proposed by Soeharto's eldest son Sigit Hardjojudanto.

One opinion suggests in such case, a trial can resume only if the prosecutors level new charges at new defendants.

The government charged Soeharto and his scholarship foundation Supersemar of amassing wealth, causing Rp 1.4 trillion (US$150 million) and US$416 million in state losses.

State prosecutors have been pursuing the civil lawsuit to recover at least $440.36 million in state money that had allegedly gone to Supersemar.

Soeharto died on Jan. 20, which saw the trial put on hold until his children agreed to continue the case. But they have opted to entrust their lawyers to represent them in court.

State prosecutor Yoseph Suardi Sabda said Soeharto's children proposed a witness for any verdict that ordered confiscation of their assets.

"The Islamic law does state that the heir's personal wealth cannot be confiscated to pay a civil case fine ... but can a district court apply Islamic law?" Yoseph said.

The trial will resume next Tuesday and is set to hear Bustanul's testimony. (anw)