Colonial Policy: Volume II The Dutch East Indies

682 Pages·1931·22.3 MB·English

by  Dr. A. D. A. Kat De Angelino (auth.)

COLONIAL POLICY
BY
Dr. A. D. A. DE KAT ANGELINO
Abridged translation from the Dutch
by G. J. RENIER Ph. D.
in collaboration with the author
VOLUME II
THE DUTCH EAST INDIES
HANGCHOW CONFERENCE
OCTOBER 21 TO NOVEMBER 4. 1931
THE HAGUE
MARTIN US NI]HOFF
1931
COLONIAL POLICY
Hangchow Conference
Edition
Published for the
AMERICAN COUNCIL OF THE INSTITUTE OF
PACIFIC RELATIONS
by
MARTINUS NI]HOFF
THE HAGUE
1931
IN TWO VOLUMES
VOLUME I
GENERAL PRINCIPLES
VOLUME II
THE DUTCH EAST INDIES
COLONIAL POLICY
BY
Dr. A. D. A. DE KAT ANGELINO
Abridged translation from the Dutch
by G. J. RENIER Ph. D.
in collaboration with the author
VOLUME II
THE DUTCH EAST INDIES
HANGCHOW CONFERENCE
OCTOBER 21 TO NOVEMBER 4, 1931
THE HAGUE
MARTIN US NI]HOFF
1931
ISBN 978-94-011-8234-8 ISBN 978-94-011-8904-0 (eBook)
DOl 10.1007/978-94-011-8904-0
HANGCHOWCONFERENCE
EDITION
Copyright I93I by Martinus N ijhoft, The Hague, Netherlands
Softcover reprint oft he hardcover 1st edition 1931
All rights reserved, including the right to trans/ate or to reproduce this book
or parts thereof in any form.
CONTENTS
CHAPTER I: THE ADMINISTRATIVE SYSTEM • • •• 1-129
The East India Company (1-23) - The Period of
Daendels (24-26) - The British Interregnum (26-34) -
The Restoration of Dutch Authority (34-36) - The
Gradual Organisation of Administration in Java (36-
47) - The Development of the Central Organisation of
Government after 1816 (47-71) - Development of
the Regional Administrative Organisation in Java since
1870 (71-80) - The Controller and Indirect Rule (80
-93) - The Regent (93-97) - Dutch Administra-
tion in the other Islands (97-102) - The Indonesian
States (102-117) - District Administration in annexed
Territories (117-128) - Conclusion (128-129).
CHAPTER II: THE ADMINISTRATION OF JUSTICE 130-193
The Separation of Powers (130-136) - Division of Ad-
ministration and of Justice (137-142) - The Judicial
Organisation in Java (142-159) - The Judicial Orga-
nisation outside Java (160-161) - The Law and the
Principle of Dualism (161-166) - Western Law and
Adat Law (166-171) - Unification and Differentiation
of Law (171-175) - Administration of Justice in the
Indonesianverning States (175-187) - Indonesian J u-
risdiction left to the Population in annexed Territories
(187-193).
CHAPTER III: EDUCATION. • • • • • • • • • • 194-257
Education as a Social Force (194-198) - Mohammedan
Popular and Extension Education ( 198-202) -The grow-
ing demand for General Formative Education (202-203)
- The First Organisation of Education(203-206) - Edu-
cation of Indonesians in Town and Country (207-209)
- The Dutch Indigenous School and the Problem of
Westernisation (209-213) - Improvement of Govern-
ment Elementary Education for Indonesians (213-215)
-Popular Education in the Village(215-222) - The Link
between Country and Town Education (222-225) -
Education for Indonesian Girls (225-228) - Future De-
velopment of Popular Education (229-231) - The
Link between Indigenous Elementary and Western
Education (231-233) - Training Colleges (233) - Ele-
mentary Vocational Education (233-239) - Agricul-
tural Education (239-247) - Western Education for
Indonesians (247-253) - Private Education (253-255)
- The Board of Education (255-257).
VI CONTENTS
CHAPTER IV: THE CONSTRUCTION OF SOCIETY 258--353
Society and the State (258-260) - The Great Contrast
and its Solution (260-264) - State Organisation in the
Colonial World (264-266) - The Western Structure of
Unity and Indonesian Society (266-268) - Traffic and
Indonesian Society (269-274) - The Influence of For-
eign Groups upon the Indonesian Population (274--279)
- East Indian and Indonesian Society (279-282) -
The Dutch Nation and East Indian Society (282-284)
- Education and Preparation (284--285) - Welfare
Policy and Welfare Research (285-294) - Enquiries in-
to Prosperity as a Basis for a Welfare Policy (294--298)
- Statistics and Welfare Policy (299-301) - Educa-
tion, Irrigation, and Emigration (301-306) - Govern-
ment Pawnshops and the Fight against Usury (306-308)
- The Fight against Opium and the System of a Go-
vernment Monopoly (309-311) - Constructive Welfare
Policy; the Popular Credit System (311-316) - Popu-
lar Credit and the Village Banks (316-319) - CriticIsm
of the Popular Ctedit System (319-322) - The Deve-
lopment of the Co-operative Movement (322-326) -
Public Health (326-333) - The Fight against Social
Evils (333-335) - Child Marriage (335-336) - Religion
and Marriage (336-339) - Popular Reading (339-342)
- Art and Industrial Art (342-345) - The Protection of
Monuments (345-347) - Agricultural Information and
Improvement (347-353).
CHAPTER V: POLITICAL CONSTRUCTION • • • • • • 354-426
The Idea of Unity and Self Renovation (354-357) -
The Administrative Corps in the Frame of Unity (358-
360) - Administration and Self-Exertion (360-363) -
The Administrative Corps and Autonomous Develop-
ment (363-365) - Administrative Re-organisation (365
-368) - The Decentralisation of 1903 (368-372) - A
New Direction of Administrative Re-organisation (372-
375) - The Decentralisation of 1903 and the Political
Construction of 1922 (375-382) - The Tendency of the
Government Proposals of 1922 (382-383) - The Politi-
cal Contents of the Administrative Reform (383-386)-
The Execution of the Administrative Reform (386-388)
- The Regency (388-396) - The Province (396-403)
- The Indigenous Commune (403-411) - The Council
of the People (411-417) - Internal Affairs (417-420) -
The Imperial Connection (421-422) -The Freedom of
the Press (422-424) - The Right to Associate and to
Meet (424-426) -Conclusion (426).
CHAPTER VI: THE AGRARIAN POLICY 427--491
World Economy and Indonesian Production (427-429)
- The Doctrine of State Ownership of the Land (429-
433) - Authority and the Ownership of the Soil in the
East (433-435) - The Influence of the Land Tax and
of the Cultivation System (436-438) - Ground Rent
and Contracts for Delivery (438-440) - The Cultivation
System or Big Agricultural Industries (440-443) - The
Twofold Aim of Agrarian Legislation (443-446) - The
CONTENTS VII
Indigenous Right to the Soil and its Mystico-Magical
Basis (446-450) - First Steps of Agrarian Legislation
(450-458) - Declarations of State Ownership (458-461)
- The Village Territory and the Right of Reclamation
(461-463) - Agrarian Policy and Social Development
(463-467) - Security of Rights on Land and the Prohi-
bition of Alienation (468-470) - Communal Land and
the Future (470-474) - Private Estates; Rent of Ara-
ble Land in Javanese States (474-476) - Disposal of
Domain Lands (476-478) - The Renting of Arable
Land to non-Indonesians (478-480) - Security of
Rights on Land and Registration (480-482) - Register
of Property (482-484) - Land Tax Cadaster and Re-
gistration of Land (484-490) - Results and Prospects
(490-491).
CHAPTER VII: LABOUR LEGISLATION •••••• 492-610
First Beginnings (492-493) - Slavery (493-495) - La-
bour Contracts (495-497) - General Labour Legislation
and the Penal Sanction (497-501) - Special Labour
Legislation in the other Isles (501-504) - The Coolie
Ordinances (504-509) - The Basis of the long Labour
Agreement (509-514) - Objections to the Principle of
Penal Sanction (514-521) - The Sanction and its Prac-
tice (521-525) - Improvement of Labour Law (525-
531) - Agricultural Colonisation and Labour Legislation
(531-534) - The Free Labour Ordinance (534-537) -
Further Improvement of Special Labour Legislation
(537-539) - The Struggle over the Penal Sanction 1915
-24 (539-549) - Developments since 1924 (549-552) -
Present Day Practice (553-557) - Wages (557-560) -
Divers Opinions and Summary (560-565) - Labour
Recruiting (565-568) - Organised Free Emigration
(568-573) - Direct Recruiting by the Enterprises (573
-575) - The End of the Embarkation Prohibition and
the Arrival of Free Emigration (575-578) - Colonisa-
tion by Labourers (578-582) - Labour Inspection and
the Office of Labour (582-588) - Accidents and the Pro-
tection of Women and Children (588-591) Appendix I:
the Coolie Ordinance for the East Coast of Sumatra
(592-606) - The Coolie Ordinance 1931 and Restriction
of the Penal Sanction (606) - Appendix II: a Model
Agreement applicable to all Regions as laid down by
Stbl. 1925,312 and 1927, 572 (607-610).
CHAPTER VIII: TAXATION • • • • • • • • • • • 611-644
Taxation (611-614) - Personal Services in Java in the
Interest of the State, of the Communes, and of Private
Landlords (614-617) - Taxation in Labour in the
Other Isles (617-622) - Land Tax in Java (622-625) -
Improvement of the Land Tax Assessment (625-629)
- The Population and the Land Tax (629-631) -The
Land Tax in the Other Isles (631-632) - Income Tax
(632-638) - Personal Taxation (638-639) - Direct
and Indirect Taxes (639-642) - Summary (642-644).
CHAPTER IX: CONCLUSION. • • • •• • ••• 645-654
INDEX. . . . . . . . . . . . . . . . . . . . 655-675
CHAPTER I
THE ADMINISTRATIVE SYSTEM
The Dutch East India Company
As a result of the emancipation of the indigenous administra-
tion 1), of administrative reform 2), and of the establishment of
autonomous units like provinces 3) and regencies i), the adminis-
trative system of the Dutch East Indies has, in the course of
recent years, undergone great modifications. At the present stage
we shall only discuss these modifications in so far as they do not
more appropriately find a place in the fifth chapter, which will
deal with political construction. For this construction has brought
about a fundamental modification in the East Indian political
system and has thereby given to so-called administrative reform
an aspect altogether different from what the use of this restricted
term might lead us to expect.
The following pages will therefore give only a description of the
development of the administrative system from the time of the
Company until the period which definitely starts in 1922 and
1) The emancipation of Indonesian administrative officials in Javaaimedata better
observation of the ancient principle of protectorate, put down in article 67 of the Gov-
ernment Act (now art. 118 1.S.) which wishes to leave the population as much as pos-
sible under its own chiefs. The principal of these officials, the Regents, can at the same
time, in view of their traditional position in Indonesian society, be called chiefs. The
Dutch administrative corps saw numerous functions passing into the hands of its in-
digenous colleagues and had to limit itself more particularly to the task of leadership
and supervision. This transfer started on a modest scale in 1912 and was continued in
1918 (Staatsblad 674),1921 (Stbl. 310,779), 1922 (Stbl. 438),1923 (Stbl. 276),1925
681),1926 (Stbl. 412, 413), 1927 (Stbl. 380),1928 (Stbl. 344).
2) Cf. i.a. Stbl. 1922, 216 (Art. 119-122 Indian State Organisation 1925),1925
(Stbl. 285, 404, 579), 1927 (Stbl. 558-561). See for a general survey Dr. L. Pronk: De
bestuursreorganisatie Mullemeister op Java en Madoera, etc. 1929, p. 81-129.
3) Stbl. 1925,378 (prov. West-Java); Stbl. 1928,295 (prov. East-Java); Stbl. 1929,
227 (prov. Central-Java).
0) Stbl. 1925,379-396, designation of the Regencies of West Java as autonomous
communities; Stbl. 1928, 296-327, for East Java, and Stbl. 1929, 228-253, for
Central Java.
Kat Angelino II
2 THE ADMINIS1"R!\TIVE SYSTEM
which shows an attempt to transfonn the earlier mechanical
structure into an organic state constroction. Meanwhile, in con-
sidering the administrative system, our perspective' will have to
be somewhat extended in order to include the administration as
a part of the task of government and the administrative orga-
nisation as a part of state organisation. This is all themoreneces-
sary as in the course of well-nigh three centuries of colonial con-
tact the essentially administrative organisation has been placed
at the service of all government activity, such as administration,
police, justice, and legislation, a practice confonning with the
fonnerly universal habit of concentration of functions, which even
nowadays are scarcely if at all distinguished from one another,
whether in Eastern states or in Eastern communities in the colonial
world l ).
This section also contains a historical survey, in view of the fact
that the administrative system in its development is most inti-
mately connected with the whole conception of government. It
lends itself therefore to such a historic treatment and creates
thereby the historical background which is indispensable to an
appreciation of the monographs dealing with justice, education,
agrarian policy, etc., that follow. In the other chapters, less re-
ference will therefore have to be made to the past. Let us now
begin by a glance at the conceptions of authority and at the ad-
ministrative organisation during the regime of the East India
Company!).
In the days of the Company there could scarcely be a question
of a real administrative or judicial organisation. The Company
was a trading organisation and it always most frankly admitted
its mercantile character. Its policy aimed at making as big and as
quick profits as possible in order that it might pay large dividends
to its shareholders. Therefore its organisation, even the High
Government of Batavia, was first of all a trading organisation.
Apart from sailors, military men, a few judges, clergymen and
schoolmasters, its personnel consisted of trade agents who were at
the same tjrne entrusted with diplomatic, administrative, judicial,
1) Prof. Van Volleuhoven:Sc1uitUftgf/affM4C1JtifJlut r'g_MOO"..", "Kol. Tidtlsc1w."
1929, p. 228.
0) Ct. article C~ in EflC'YcIojxuIlia f/aff Ne4erlatulscA-IfIIlU; ColenbraJlder,
KolofJiale GlScliSetlerKs, 1925, II, esp. ch. XI-XIV; F. de HlIaJl, PMfJgtJff, 1910, I; J.
E. Heeres, De Oosl-IfJIlisc1le ComptIgffU, in N_ltJ,..-IfJIlu, 1929, p. 293 sqq.