scholarly journals THE DUTCH COLONIAL ECONOMIC’S POLICY ON NATIVES LAND PROPERTY OF INDONESIA

2020 ◽  
Vol 5 (2) ◽  
Author(s):  
Chairul Fahmi
Keyword(s):  
18Th Century ◽  
Civil Code ◽  
Customary Law ◽  
Colonial State ◽  
Law System ◽  
East Indies ◽  
Indigenous Law ◽  
European Civil Code ◽  
Dutch Colonial ◽  
Adat Law

This paper analyzes the historical shifts of land property rights in Indonesia's archipelago and how new land laws were formed, especially during the Dutch colonization era. After the Netherlands East Indies (NEI) established in the 18th century and proclaimed itself as a sovereign landlord over the East Indies (Indonesia), the role of indigenous law (adat law) and its rights to lands have diminished by a new form of law namely the European law system (the civil code). By adopting the European civil code, the colonial Dutch declared all uncertified lands and all forests’ resources were the Dutch colonial State's property and to be managed by the colonial authority [State’s domain]. For Adat peoples, these rights belong to them, either as individuals or as groups, and it had been recognized by their customary law (adat law) legally, which they have had since their ancestors inhabited within the land, territories, and resources. Further significant impact toward the adat rights to land, when the Agrarian Act (agrarisch wet) applied in 1870 by the colonial government, had severely impacted towards the land right of indigenous peoples in Indonesia, by which most of them had lost their adat property right to lands and forest resources. In contrast, the Dutch colonial State was gained millions of guldens for economic profit from the expropriation of the native land and from unpaid native slaves who worked in the Dutch plantation sectors.

scholarly journals War of Ngali Toward Dutch Colonialism in Bima

2018 ◽  
Vol 5 (4) ◽  
pp. 128
Author(s):  
Sukarddin Sukarddin ◽  
Akhamad Ari Musaded ◽  
Suryo Ediyono
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
Dutch Government ◽  
East Indies ◽  
The People ◽  
Dutch East Indies ◽  
The Government ◽  
Dutch Colonial ◽  
Dutch Colonialism

Sultanate of Bima has been bound by government of Dutch colonial with Lange Contract agreement (long contract), occurred in 1908-1909 That the Sultanate of Bima is a very strategic area. These conditions caused the VOC and the government of Dutch to seek intervention through the Lange Contract agreement (long contract) which has led to the entry of the Sultanate of Bima in the Pax Neerlandica neighborhood. War of Ngali occurred for several reasons namely 1) Feelings of dissatisfaction with the actions of the Dutch government which impose various tax rules in the Sultanate of Bima. 2) The Sultanate of Bima as part of the Dutch East Indies sovereignty was seized by a Lange Contract agreement in 1908. 3) Customary law and Islamic law were replaced by Dutch law. 4) The head or belasting duty system is denied and punished for taxing the unbelievers. The conclusion in this study is that people of Ngali against the government of Dutch colonial because they wanted to control the entire Milky, the resistance made by people Ngalisolely to maintain the customs, religions, and independence owned by the people of Bima.

‘A Conglomeration of […] often Conflicting Ideas’: Resolving the ‘Native Question’ in Java and the Outer Islands in the Dutch East Indies, 1900-1925

Itinerario ◽  
2003 ◽  
Vol 27 (3-4) ◽  
pp. 160-188 ◽  
Author(s):  
Joost Coté
Keyword(s):  
Twentieth Century ◽  
Colonial Rule ◽  
Colonial Discourse ◽  
Colonial State ◽  
East Indies ◽  
Colonial Policy ◽  
History Of ◽  
Dutch East Indies ◽  
Dutch Colonial

This paper examines Dutch colonial discourse as it was developing at the beginning of the twentieth century. I argue that colonial circumstances were changing at the beginning of the twentieth century in many aspects - economic, political, social - and that these changes required new policy and administrative responses. I take as examples of these changing colonial conditions and responses, two episodes in the history of ‘the late colonial state’, which I argue are both representative of and formative in shaping, colonial policy in the last decades of Dutch colonial rule in Indonesia.

scholarly journals Case Settlement Based on the Baduy Indigenous Law System as a Contribution to the National Criminal Law

2020 ◽  
Vol 7 (7) ◽  
pp. 420
Author(s):  
M. Noor Fajar Al Arif Fitriana ◽  
I Nyoman Nurjaya ◽  
Abdul Madjid ◽  
Nurini Aprilianda
Keyword(s):  
Qualitative Analysis ◽  
Criminal Law ◽  
Customary Law ◽  
Law System ◽  
Indigenous Law ◽  
Positive Law ◽  
Long Time ◽  
Sense Of Justice ◽  
Case Based

Settlement of cases using positive law is felt to spend a lot of energy and a long time, this would turn around if the settlement using customary law, especially Baduy customary law which is simpler but does not reduce the sense of justice for the litigants from the statement raises the question of how the settlement of the case based on the Baduy system of law. This study uses a social antro legal approach with qualitative analysis.

scholarly journals Positioning Adat Law in the Indonesia’s Legal System: Historical Discourse and Current Development on Customary Law

2018 ◽  
Vol 2 (2) ◽  
pp. 140 ◽  
Author(s):  
Bono Budi Priambodo
Keyword(s):  
Legal System ◽  
Customary Law ◽  
Private Law ◽  
Historical Inquiry ◽  
Marriage And Family ◽  
Original Intent ◽  
East Indies ◽  
Basic Law ◽  
The Law ◽  
Adat Law

Adat law has been narrowly understood, mainly as part of private law, in the curricula of Indonesian law schools. This is in contrary to the original intent of adat law, both as an academic and policy discourse, at the first place, which was as an attempt to develop a legal system that is suitable to govern the Netherlands East Indies (NEI) for preventing violation against the indigenous sense of justice. This article seeks to clarify the actual purpose of Adat Law, as it conceived, in the living of traditional community and the relation between adat law and Indonesian state law following the Indonesian independence. Subsequently, this article would explore how constitutional law and administrative laws (staatsrecht) would place “Adat law” under the Indonesian legal system that might be well claimed as an autochthonous law of Indonesia. It is a legal writing that uses historical, statutory, and case approaches. It has been found out that Adat Law scholarship had a pragmatic purpose i.e. to administer justice and govern the NEI colony that reflects a characteristic of public law. The later development showed that the law has shifted its focus into private law fields such as the law of persons, marriage and family laws, property and inheritance laws. Such shifting leads Adat law into an obscured relation between Adat Law and public laws in the era of the post-independence of Indonesia. It can be concluded that under historical inquiry, the Basic Law of 1945 (Indonesian Constitution) has strongly inspired by Adat Law. The same goes for administrative law, which in this case is represented by BAL that governs not only land administration but all kinds of natural resources in Indonesia until nowadays.

Customary Law and the Economy

1984 ◽  
Vol 28 (1-2) ◽  
pp. 34-43 ◽  
Author(s):  
Francis Snyder
Keyword(s):  
Economic Consequences ◽  
Customary Law ◽  
Social Regulation ◽  
Social Changes ◽  
Colonial Era ◽  
Colonial State ◽  
Economic Relations ◽  
Customary Laws ◽  
Relationship Of ◽  
The Relationship

In this paper I discuss some aspects of the relationship of African customary law to the economy. Such a vast topic potentially embraces at least three different themes: the economic context in which African customary law has developed and operates today; the economic consequences and implications of different African customary laws; and the relationship between customary law and the economic aspect of society. These three themes inevitably overlap, but while recognising their interconnections I shall concentrate primarily on the third. My principal aim is to identify some of the linkages between customary law and economic relations, especially those linkages which become manifest during broad social changes.An examination of the relationship between customary law and the economy in Africa almost ineluctably requires an historical perspective. This is so, first, because, as I suggest later, customary law is historically specific: it developed in particular historical circumstances and in close conjunction with the formation of the colonial state. Thus, the foundations of customary law in Africa lie partly in the development of capitalism and its expansion from Europe during the colonial era. These interrelated processes have decisively moulded and subtly shaped the law, legal institutions and legal professions of contemporary Africa.More generally, however, it is essential today to envisage the possibility of new, alternative forms of development and social regulation. The particular forms of legal pluralism which characterise third world countries indicate, in many cases, that the subsumption of African economies within capitalist relations of production and exchange has thus far been merely partial and formal.

The Dutch Colonial System in the East Indies

1954 ◽  
Vol 60 (1) ◽  
pp. 112
Author(s):  
Justus M. van der Kroef ◽  
J. J. van Klaveren
Keyword(s):  
East Indies ◽  
Dutch Colonial

Racial Slurs and Whispers in Situated Testimonies of Dutch Imperial Fiction

2021 ◽  
Vol 29 (1) ◽  
pp. 67-91
Author(s):  
Laurie J. Sears
Keyword(s):  
Social Relations ◽  
Mixed Race ◽  
Colonial Literature ◽  
Significant Time ◽  
East Indies ◽  
The Social ◽  
Dutch East Indies ◽  
Dutch Colonial

Storytelling brings into vivid focus the emotions and affects that different classes and races of people experienced in the imperial Dutch Indies island worlds. The storyteller explored in this article is Maria Dermoût (1888–1962), a mixed-race Dutch woman (Indo) who was born and raised on Java in the Dutch East Indies and who spent more than thirty years there. This article argues that Dermoût is a key writer for understanding affective economies, because she devotes significant time and effort in her fiction to fleshing out Native characters, something that few writers of her time did. The novella Toetie, one of Dermoût’s last works, uncovers Indies and Dutch attitudes toward race and color, moving her work from the genre of Indies Letters, or Dutch colonial literature, to that of postcolonial critique, with an exploration of forms of servitude, affect, and the social relations of her time.

Ethnic Distinctions, Legal Connotations: Chinese Patterns of Boundary Making and Crossing

SAGE Open ◽  
2021 ◽  
Vol 11 (3) ◽  
pp. 215824402110439
Author(s):  
Byung-Ho Lee
Keyword(s):  
18Th Century ◽  
Customary Law ◽  
Chinese Society ◽  
Self Identity ◽  
Group Boundaries ◽  
Individual Agency ◽  
Legal Standards ◽  
Boundary Making ◽  
Personal Law

This study analyzes, from a comparative and historical perspective, the clash between state statutory law and native customary law and the consequential effects of that rivalry on ethno-legal categories. It adopts a long-term perspective on Chinese society, with a particular focus on its history over the last three centuries. Although the imperial Chinese state had a centralized legal code, many non-Han subjects followed different legal standards and systems. Such conditions became the basis of legal pluralism and the structural constraint for full-fledged legal uniformity. It is argued that state-imposed ethnic categories in China have been institutionalized to determine those who should be protected, or even privileged, by their own native law. This is especially true during the alien dynasties of conquest, which purposely emphasized the principle of personal law to preserve legal prerogatives of ruling ethnicity. Similarly, indigenes on the frontier carried a variety of legal exemptions on grounds of the principle of territorial law. Such conditions could leave room for individual agency and provide incentives for both acculturated Han settlers and sinicized indigenes to claim native status. Several examples, including an 18th-century homicide case in China’s southwestern frontier, substantiate how individuals manipulated their ethnicity for their self-advantage and how these behaviors complicated the personality and territoriality principles of imperial law. In this sense, ethnic law served as an institutionalized distillation of ethnic group boundaries, which were realigned by shifts in self-identity. The legacy of China’s imperial practices of particularistic jural relations continues today.

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