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Simple Research Of The Law In Netherlands East Indies

Posted on:2009-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:J WuFull Text:PDF
GTID:2166360242987982Subject:Legal history
Abstract/Summary:PDF Full Text Request
Netherlands East Indies is the appellation of Indonesia whenNetherlands ruled that place as its colony. The law of Indonesia inancient time was mainly adat law, adat law was mixed with religionfactors. With the arrival of the Netherlandish Colonizers, thatancient law had changed, beginning the Gradual process of legalModernization and Decolonization.Dutch East Indies had a characteristic structure of the politicsand law. Its characteristic lied in that it established the binaryadministrative system and the binary judicial system according to thedividing and ruling principle. Among the administration,jurisdictionand Legislation established by the Dutch in Netherlands East Indies,administration power was much more important than the other, and inthis political structure, the jurisdiction had to serve theadministration power. That helped the Dutch colonizers cotrollingthe situation in Netherlands East Indies, for colonial exploitationand Plunder. In administration field, the Dutch East Indiesestablished the administration system with Indonesian side and Dutchside, which were not only relatively independent but aslo closerrelating, for displaying the respective and agreeing function. Thiscomplex and precise political system finally unified at one spot, that was the Indoensian political system had to obeied in the Dutchside. With judicial aspect, although gradually in colony the Dutchcolonizers established a complete judicial system. The style thatjurisdiction subordinated in administration was always the maintuning in that time. With legislation aspect,in initial period, thelegislative power of colony dominated completely in colonizes'hands,advantageous for colonizers to throw over a legitimate coat to rulethe local residents. However after the decentralization theory, theDutch colonizers seemed to give the local residents some rights ofparticipation and deliberation over governmental affairs, but thelegislative power in the true sense was still gripped tightly incolonizers'hands.Under such political and legal background, the Dutch carried outa policy called legal pluralism, briefly, that was to use respectivelaws separately to the different races. Profoundly, this legal policycontained complex and precise legal skills. In addition, the mannerof Holland to the Dutch East Indies's adat was also worth payingattention to, they did not destruct or deny adat directly as the mostimportant law origin, but with respect in some degree, puted adat inthe multi-dimensional legal framework, allowing the natives to beadjusted by their local adat when there was no conflict with theDutch benefit. Unique characteristic legal structure,legal pluralismand adat law were three of the more important questions in the DutchEast Indies'legal history, they represent the bright characteristicof Dutch East Indies'legal development, holding them on is equal toholding the main line of Dutch East Indies'legal development,enabling us to trace the important appearance of legal development inDutch East Indies.The legal policy of Dutch East Indies extended mysteriously after Indonesia was established independently, this extention makes theresearch of legal policy in that colonial history have significance,today. How the colonizing strength to affect a society in progressand an independent country after colony. Precisely, that is thesubject which we must inquire about.
Keywords/Search Tags:adat law, legal pluralism, colony
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