Dutch East Indies - Law and Administration

Law and Administration

See also: Governor-General of the Dutch East Indies

Traditional rulers who survived displacement by the Dutch conquests were installed as regents and indigenous aristocracy became an indigenous civil service. While they lost real control, their wealth and splendour under the Dutch grew. They were placed under a hierarchy of Dutch officials; the Residents, the Assistant Residents, and District Officers called Controlers. This indirect rule did not disturb the peasantry and was cost-effective for the Dutch; in 1900, only 250 European and 1,500 indigenous civil servants, and 16,000 Dutch officers and men and 26,000 hired native troops, were required to rule 35 million colonial subjects. From 1910, the Dutch created the most centralised state power in Southeast Asia.

Since the VOC era, the highest Dutch authority in the colony resided with the 'Office of the Governor-General'. During the Dutch East Indies era the Governor-General functioned as chief executive president of colonial government and served as commander-in-chief of the colonial (KNIL) army. Until 1903 all government officials and organisations were formal agents of the Governor-General and were entirely dependent on the central administration of the 'Office of the Governor-General' for their budgets. Until 1815 the Governor-General had the absolute right to ban, censor or restrict any publication in the colony. The so-called Exorbitant powers of the Governor-General allowed him to exile anyone regarded as subversive and dangerous to peace and order, without involving any Court of Law.

Until 1848 the Governor-General was directly appointed by the Dutch monarch, and in later years via the Crown and on advise of the Dutch metropolitan cabinet. During two periods (1815–1835 and 1854–1925) the Governor-General ruled jointly with an advisory board called the Raad van Indie (Indies Council). Colonial policy and strategy were the responsibility of the Ministry of Colonies based in The Hague. From 1815 to 1848 the Ministry was under direct authority of the Dutch King. In the 20th century the colony gradually developed as a state distinct from the Dutch metropole with treasury separated in 1903, public loans being contracted by the colony from 1913, and quasi diplomatic ties were established with Arabia to manage the Haji pilgrimage from the Dutch East Indies. In 1922 the colony came on equal footing with the Netherlands in the Dutch constitution, while remaining under the Ministry of Colonies.

A People's Council called the Volksraad for the Dutch East Indies commenced in 1918. The Volksraad was limited to an advisory role and only a small portion of the indigenous population were able to vote for its members. The Council comprised 30 indigneous members, 25 European and 5 from Chinese and other populations, and was reconstituted every four years. In 1925 the Volksraad was made a semilegislative body; although decisions were still made by the Dutch government, the governor-general was expected to consult the Volksraad on major issues. The Volksraad was dissolved in 1941 during the Japanese occupation.

The Dutch government adapted the Dutch codes of law in its colony. The highest court of law, the Supreme Court in Batavia, dealt with appeals and monitored judges and courts throughout the colony. Six Councils of Justice (Raad van Justitie) dealt mostly with crime committed by people in the European legal class and only indirectly with the indigenous population. The Land Councils (Landraden) dealt with civil matters and less serious offences like estate divorces, and matrimonial disputes. The indigenous population was subject to their respective adat law and to indigenous regents and district courts, unless cases were escalated before Dutch judges. Following Indonesian independence, the Dutch legal system was adopted and gradually a national legal system based on Indonesian precepts of law and justice was established.

By 1920 the Dutch had established 350 prisons throughout the colony. The Meester Cornelis prison in Batavia incarcerated the most unruly inmates. In Sawah Loento prison on Sumatra prisoners had to perform manual labour in the coal mines. Separate prisons were built for juveniles (West Java) and for women. In the female Boeloe prison in Semarang inmates had the opportunity to learn a profession during their detention, such as sewing, weaving and making batik. This training was held in high esteem and helped re-socialise women once they were outside the correctional facility. In response to the communist uprising of 1926 the prison camp Boven-Digoel was established in New Guinea. As off 1927 political prisoners, including indigenous Indonesians espousing Indonesian independence, were 'exiled' to the outer islands.

Politically, the highly centralised power structure, including the exorbitant powers of exile and censorship, established by the Dutch administration was carried over into the new Indonesian republic.