Dutch Colonial Research Articles

THE RENEWAL POLICY OF THE ADULTERY CONCEPT IN ARTICLE 411 OF THE LAW NUMBER 1 OF 2023 ON THE INDONESIAN CRIMINAL CODE

At present, Indonesia needs to update the Indonesian Criminal Code to replace the Dutch Colonial Criminal Code that still exists. The jurists, especially criminal law experts, have been involved in a lengthy debate on overhauling, reformulating, revising, and even reforming the Criminal Code to align with Indonesian values. This study aims to determine the foundation of the policy to expand the concept of adultery and the values protected by the expansion contained in Article 411 of Law Number 1 of 2023 on the Criminal Code. This study was a descriptive study that used a normative juridical approach. The data collection techniques employed secondary data with a study of documents. The data were analyzed with qualitative methods. The result shows that the foundation of the expansion policy is the perspective of criminal policy. The formulation of the adultery offense in Article 284 of the Criminal Code is a problematic policy because it is not in accordance with the values of the Indonesian people. The formulation of the article only convicts the offenders who are committed in marriage. The provision does not require punishment to unmarried convicts. The arrangements for adultery offenses that are still in effect today are not based on a view of life. They do not reflect the social structure of the Indonesian people with the characteristics of kinship, groups, and beliefs. On the other hand, Article 411 of Law Number 1 of 2023 on the Criminal Code expands the concept of adultery to protect the religious and moral values closely related to Pancasila.

The Outstanding Value of a Cultural Heritage: The Old City of Semarang as the Center for Global Trade in Java, Indonesia in the 18th – 20th Centuries

Semarang Old City is located in Semarang City, Central Java, Indonesia. This article contains the discussion on the history of Semarang Old City as the center of global trade activities. This Old City was founded at the end of 17th century after an agreement was approved by the Mataram Kingdom and the Vereeniging van Oost-Indische Compagnië (VOC/The Dutch East Indie Company) in 1678, that led VOC to take control over the north coastal region of Java from the Prince of the Mataram Kingdom, Amangkurat II. Based on this agreement, VOC was given the right to choose the areas near the center of Semarang Regency and Semarang River as its residence in order to easily control the Javanese administration and the Java Sea trading activities. Later on, the colony of the VOC developed into a little city surrounded by a fortress in which the VOC leaders, its officers, and soldiers resided, and some city’s facilities were built such as municipality house (stadshuis), trading offices, shops, roads, soldier barracks, warehouses, schools, hospital, church, court, prison, and residential areas. In the Dutch Colonial era (18th – 20th centuries), this old city become the center of international trade activities in Central Java strengthened by the presence of Semarangs Handels Vereeniging (Association of Traders in Semarang) and Nederlandsche Handels Maatshappij (Dutch Trade Company), which managed the import-export trade.

Een zwarte stem in een witte tekst

This article studies the exegesis of the bible by Isabella, an early 18th-century enslaved woman in the Dutch colony Suriname, whom the Reformed minister Jan Willem Kals (1700-1781) discusses in his main work Neerlands hooft- en wortel-sonde as an example of his assertion that black people can be Christians too. According to the report by Kals, Isabella uses the New Testament story of the Ethiopian eunuch (Acts 8:26-39) and a passage in John 8, to both criticize her white fellow-Christians for their behavior and to position herself as a true Christian.

Reconstruction and Restoration of Monuments as a part of City Identity Formation: Case Study of Teuku Umar’s Kupiah Meuketop Monument in Meulaboh City, Indonesia

Teuku Umar’s Kupiah Meuketop Monument is the structure endorsed by the Meulaboh City government to represent the city as the land of Teuku Umar. Initially, the Dutch colonizers built the monument to celebrate the killing of Teuku Umar, a hero of the independence rebellion in Aceh. However, after Indonesia’s independence, it was structurally and conceptually reconstructed by the local government and an NGO to foster the formation of city identity. How did the process change the monumentality of the structures? To answer this inquiry, semi-structured interviews and field observation was conducted to perform an analysis of the responses by the Meulaboh City residents and government officials toward the monument. As a result, the responses from the residents showed positive recognition and integration towards the reconstructed and restored monument as intended by the government officials. The study significantly contributes to the scholarship of identity formation boosted by monument construction in Indonesia.

PENGISLAMAN BLITAR OLEH LASKAR DIPONEGORO Dari Pra Hingga Pasca Perang Jawa 1820-1830

This study researching about the first entry of Islam and known Islamic Religion in Kuningan Blitar by Laskar Diponegoro. The analyzis spread of Islam that Laskar Diponegoro doings it’s can be able to answer the formulation First, how was Laskar Diponegoro comes to Blitar? Second, how was Laskar Diponegoro spread Islam in Blitar? Third, who was the figure behind the achievement of Islamisation in Blitar. This study used a historical method which consist of 4 step, that are heuristic, verification, interpretation and historiography. There are 3 findings, First Laskar Diponegoro arrived to Blitar because of problem happened in the Central Java between lord along society and Dutch Colonial. Second, Laskar Diponegoro who brought the Islamic Religion peacefully, finally well received by Kuningan society in Blitar. Third, there are 3 figure who spread Islam in Blitar that Syaikh Abu Hasan the head of the palace, Syaikh Abu Manshur as lord and Kiyai Sholeh the expert in monotheism. From the spread of Islam in Blitar, than bring up the real motive behind the arrival of Laskar Diponegoro in Blitar that there’s a ploy lord of Diponegoro for gather strangth outside the area of Central Java as an effort to prepare for the Java War.

Pesantren: Its Founding and Role in the Colonial Period

In Indonesia, Islamic education is still mostly provided through pesantren, or Islamic training institutions. They have a close relationship with tarekat, as they have been successful in maintaining Islam as a personal and compassionate faith rather than a cold and formal doctrine. Pesantrens changed throughout the colonial era from being a largely educational institution to a political organization that backed the independence fight. This article's objective is to look at how pesantren changed from being just educational institutions to considerably assisting in the fight for liberation, as well as how they contributed to the battle against Dutch colonialism. Using academic writing on pesantren that examines their position throughout the colonial era, the content in this piece was found through library research. This article makes the case that Java's colonialera social, cultural, and political protest groups benefited greatly from the pesantren system. It also seeks to explain their founding, objectives, student demographics, and involvement during this time period.
 

Banjarmasin: public health and social structure in 1877, as described by a Hungarian medical doctor and geologist

Theodor Posewitz, a Hungarian medical doctor and geologist (1850–1917) spent five years in the Dutch East Indies between 1880 and 1885, serving the colonial Dutch army. During his service assignments he spent all his free time with geological exploration, ultimately yielding the first geological map and monograph of Borneo. Being a citizen of Hungary, a country without any colonial aspirations, he was able to observe, investigate both nature and people of the region without relying to conventional prejudices of colonial officers. His description of Banjarmasin – published originally in Hungarian – is a prime example of objective, impartial, scientific description of land and people; a valuable source to the geography, public health and social structure of the town back in 1887. A list of scientific publications of Posewitz on the East Indies is added in the Appendix.

Matrilineal practices among muslims: An ethnographic study of the Minangkabau of West Sumatra

Matrilineal practices constitute an important aspect of the social organization among the Minangkabau Muslims of West Sumatra. Challenges were posed to the co-existence of customary practices and religious elements by specific regional and historic factors such as Dutch colonialism, the introduction of the money economy, Islamic reformism, legislative interventions, and other socio-economic transformations in colonial and post-colonial West Sumatra. These factors attempted to refashion kinship along new familial relations and was marked by the entry of Minangkabau women into the public sphere, engaging with the transformation in multifarious ways. What one could observe in their contemporary form of social organization is the mutual existence of change and continuity of practices. These practices need to be understood as historically specific negotiations among customs, religion and the state, and are ethnographically explored in the paper.

The Transformation of the Javanese Patrimonial-feudalistic Bureaucracy from the Traditional Kingdom to the Dutch Colonial Period

This article aims to analyze the history of the continuity of the Javanese bureaucratic model from the classical period to the Dutch colonial period. The method used is the historical method using secondary historical sources. The results show that the bureaucracy in Indonesia is the product of a long historical experience originating from Javanese culture. It was born from a bureaucracy that was initially a traditional feudal bureaucracy which was later assimilated into a rational, legal western bureaucracy that implemented this bureaucracy for almost a century under "beamtenstaat", state officials. Western bureaucracy does not necessarily eliminate the tradition of feudal-patrimonial bureaucracy but instead synergizes in the form of a feudal Colonial bureaucracy.

Peran Santri dalam Mewujudkan Indonesia Emas 2045 “Menelisik peranan santri milenial dalam kontek kekinian”

Through Presidential Decree No. 15 of 2015, students are recorded as history who have played a major role in Indonesian independence. Therefore, October 22 was designated as a santri day led by KH Hasyim Asy'ari for jihad against the Dutch colonialists. It was this spirit that sparked the ferocious resistance on November 10 and the departure of the Dutch from Indonesia. Along with its development, a new term emerged which became the subject of discussion among Islamic boarding schools, namely millennial santri. Millennial Santri is a generation that has jumped far beyond the reach of its predecessors but has not lost its identity as a Santri. With all the characteristics they have, millennial students have occupied a separate point of view in the hearts of Indonesian people. Now the role of millennial students with their predecessors. Millennial students play an active role as promoters and creatively respond to the times. In addition to millennial students who are diligent in reciting the Koran, pursuing Islamic studies, serving teachers, they must also be literate in ICT developments and capable of playing their role (as the author has described above). It is hoped that millennial students can help in realizing a golden Indonesia 2045

Nusantara Tajwid Literature in Colonial Era Studi on Methodological Characteristics and Discourse of Anti-Colonialism in Naẓam Taḥsīnah by KH. Ahmad Rifa’i (1786-1875)

This article discussed tajwid Naẓam Taḥsīnah by KH. Ahmad Rifa'i, one of the oldest recitation books in the archipelago, in addition to the position of KH. Ahmad Rifa'i is a scholar who pioneered the use of the pegon script in his writing on the one hand and as a colonial resistance movement on the other. This study used a socio-historical approach to see the context and explore the thoughts of KH. Ahmad Rifa'i in the book Naẓam Taḥsīnah and the context that surrounds it in the background of Dutch colonialism in the 19th century AD. Several stages are passed in the form of inventorying data, selecting and classifying it, then reconstructing and conducting a critical analysis of the basic assumptions. The results of these findings are; First, the background of Dutch colonialism which took place in the 19th century AD directly shaped the thinking of KH. Ahmad Rifa'i when writing Naẓam Taḥsīnah to carry out non-physical resistance with anti-colonial narratives inserted in his book. Second, the Naẓam Taḥsīnah has its own characteristics in composing the discussion of tajwid science, that using naẓam in Javanese pegon and containing anti-colonial narratives which conveyed through terms, such as pious scholars, pious scholars, infidels, and hypocrites. Those terms were aimed at the attitude of Dutch anti-colonialism as well as a form of non-physical resistance and secretive, but able to embrace students and the community.

NARRATIVE ANALYSIS OF THE VALUE OF PATRIOTISM IN THE FILM SULTAN AGUNG

This study aims to find out how the values of patriotism carried out by Sultan Agung when fighting for Mataram Islam at that time. This study used a qualitative method through acritical analysis approach and used an interpretive paradigm with Tzvetan Todorov's theory as a story and fact at that time. Starting from the fun at the beginning of the film that is told then a problem arises that solves a relationship, then at the end comes recovery due to the problems that occur. From the results, it is stated that there are many positivism values carried out by Sultan Agung. Viewed from the side of the struggle of a leader who fights for good and society, it is an attitude that illustrates that being a king cannot only attach importance to personal interests, but also the people who are the subject of his life which is the heart of a leader's life. Starting from the value of hard work, as well as cultural values in films that are depicted a lot through scenes. It can be said that Sultan Agung at that time was a wise and just person in carrying out his responsibilities to become a king. Because he loves his people very much and always protects his people from the Dutch colonizers who have controlled the land of Java. Until finally Sultan Agung found the title Khalifatullah Panotogomo given by King Murad, because of his wisdom in being a just and wise leade

A Spatial Political-Economic Review on Urban Growth in Java under Economic Liberalization of Dutch Colonialism During the 19th Century

This study understands the rise and fall of cities as a result of colonial worldview and practices. Based on spatial political-economic thinking, this study examines the spatial implications of Dutch colonialism on urban growth in Java during the 19th century. The practice of colonialism at that time took place in a relatively stable regional situation. The analysis of textual data from various literature indicates that the economic liberalization of Dutch colonialism in that time was a continuation of the VOC’s mercantilism but with a stronger intention to control the factors of production. Territorial expansion to fertile areas indeed encouraged the emergence of medium-sized cities in the inland, but on the other hand, degenerated several older cities on the coast. Spatially, the ambitions and practices of colonialism had a limited implication on urban growth. The combination of territorial and capital logic triggered political liquidation which was reflected in the spatial pattern of urban growth. The identity and symbol of colonial power were attached as new elements to the cities. This process revealed a locational decision to channel economic benefits to strategic places for sustaining domination of power for the long-term.

MUHAMMAD NATSIR’S THOUGHT ON CORRELATION OF RELIGION AND STATE

The wish of Muhammad Natsir is just how to realize Indonesia as independent, peaceful, prosperous, and just state. So, its logic if he given a nickname as leader of freedom who integrates with the other, Soekarno, in exterminating colonizer – Dutch colonization. Although they are in difference of opinion, but still in building communication each other openly.Muhammad Natsir rejects secularism against state as implemented by movement of Kamal Attaturk in Turkish. He said that Islam is not only merely a religion but also a philosophy of life which covers political aspects, economy, social and culture. Islam doesn’t separate between religion and state, but its primary one. ( D.P. Sati Alimin, 1957: h. IX ) Lesson of the story can become evidence of reflection and understood that in political field the different opinon doesn’t bring enmity, but its mercy and as development of democracy dynamics. Muhammad Natsir consistently refuses all thoughts that weaken existence of Islam in state such as he opposes Soekarno’s nationalism ideas. This reality is indicated that Muhammad Natsir is a prominent leader of Islam nationalist since the age of Dutch colonization. He is also one of speakers and mediators of his group in verious cases that relate Islam and mankind, namely the correlation between religion and state. Beside that, Natsir’s ability integrates His view with his nationalism paradigm, and how then it becomes important one to be studied and thought of its struggle values for next Moslem generation. Actually, the above matter still becomes roof nowdays. It can be proven and indicated by appearing Moslem thinkers and secular thinkers whom they raise voice to fight for their each idea. Even though, deliberation about the correlation of religion and state still can’t be solved untill now. For that reason, this writing is expected as necessary one to be committed.

Testimoni Penggunaan Hukum Islam dalam Naskah Serat Ambiyo Pelemgadung Sragen (1907M)

Islamic law has been attached to the customs of the Javanese people and has a function as the norm of community life. This Islamic law runs in harmony without having to negate the existing culture. The arrival of the Dutch colonials to the archipelago resulted in changes in the political and social system. The laws and regulations were domesticated by the Dutch colonials and only applied to indigenous peoples. These rules do not necessarily make people leave the law based on Islamic teachings. In this manuscript of Serat Ambiyo Pelemgadung there is an agreement regarding the chapter on leasing based on Islamic law. This chapter is one of the important evidences that Islamic law is still used in society, in addition to the rules made by the Dutch. For more detail in analyzing the chapter, the researcher uses the Testimony analysis from Shoshana Felman. Felman’s study is indeed suitable in this study, especially Islamic law at that time was experiencing repression from the colonial government. The notes in this manuscript are important to be studied as evidence of testimony that Islamic law is still used in Javanese society.

The Four Main Principles That Become the Pillars of Legal Building National Treaty

Contract law as regulated in Book III of the Criminal Code. Civil Code is a legacy of the Dutch Colonial which is more than a century and a half old. Considering the development of the business world which is closely related to the law of agreement or contract, it becomes a sine qua non to reform the law of agreement. The renewal of treaty law cannot be separated from the search for legal principles that serve as the basic foundation so that legal issues arise to seek and find the legal principles that are the pillars of the building of national treaty law. This research is a normative juridical research, namely research that conducts an assessment of library materials. The data source used is secondary data. Secondary data is “data sourced from library research related to publications, namely library data listed in official documents. The search and discovery of these legal principles is carried out through normative legal studies by relying on the search for various theoretical legal materials obtained from literature studies. The results of the study found four main legal principles as the main pillars of the building of national contract law, namely the principle of consensualism, the principle of freedom of contract, the principle of binding contractual power and the principle of good faith

Slavery in Dutch Guiana and the Dutch Colonial Ethos

The subject of this article is the economic system that has developed in the Netherlands Guiana, based on forced slave labor. The degree of cruelty of this system over the past centuries has been mythologized by both contemporaries of the events and later researchers. Today in Netherlands, at the highest official level, the era of colonial slavery has been condemned but at the same time it was recognized as a part of national history, which is largely due to the influential Caribbean community. However, the attitude towards this topic in society remains extremely polarized, becoming the subject of manipulation by populist and nationalist forces.
 The work is based on a wide range of foreign sources and research; the methodological basis includes the historical, genetic and comparative methods. The scientific novelty of the article is connected with the poor study of the topic in domestic science. A comparative study of the situation of slaves in the Western Hemisphere has shown that toughness was not unique to the Dutch colonial ethos. The high mortality and hardships of slaves in the Netherlands Guiana and the Caribbean are due to the specifics of sugar plantations, and not to a greater degree of racism compared to Iberoamerica. The author draws attention to the gradual progressive evolution of all slavery regimes on the American continent.

A Postcolonial MIR?

The field of music information retrieval (MIR) offers tools for the analysis of music and sound, for example in archives of historical recordings; but it has also been widely critiqued for bias toward Western music and Western epistemologies. There seems to be a gap, or even an irresolvable friction, between computer science-based MIR tools, problems, and methodologies, on the one hand, and, on the other hand, humanities-based research in music and media that examines sound from critical and postcolonial perspectives. This essay draws from sound studies and critical technology studies to propose that this is an opportune moment for interdisciplinary collaborations between humanities scholars and technologists to enhance critical analyses of music and sound. Key to such collaborations would be a consideration of ontological differences between the two approaches, such as divergent understandings of the fundamental concepts of music, genre, and difference. The essay takes several examples from the author’s research into sound and Dutch colonialism at the Netherlands Institute for Sound and Vision media archive in order to propose some examples of how MIR’s technological tools could potentially enhance critical humanities-driven analyses of sound, perception, and colonial difference. More broadly, the essay argues, the divergences and even tensions between disciplines can be productive for scholarly reflexivity, postcolonial or anticolonial scholarship, and applications of technological tools toward social justice goals.

Pan‐Africanism in the Pacific: Race and the international construction of West Papuan identity

AbstractThis paper examines the discourse of racial difference in the arena of global decolonization, examining the case of the Indonesian territory which is today known as Papua and until 1962 was a Dutch colony. Papuans formed a ‘nation‐of‐intent’ around the idea of ‘race’ and racial difference, initially the invention of colonial anthropologists and explorers. Papuan nationalists seized on the colonial power's declaration of racial difference, declaring themselves ‘the negroids of the Pacific’ and locating themselves within the wave of African decolonization. The paper discusses the way Papuan non‐state diplomats deployed ideas of race to claim a new Pan‐African identity, far from Africa. I draw on Papuan nationalist publications, United Nations and government documents, and oral testimonies to discuss how diplomatic imperatives led to the formation of a Papuan nationalist identity partly within the territory and partly in exile. Finally, I consider how the Papuan diaspora has continued to foster this nation‐of‐intent from exile since Indonesia’s annexation of West Papua in the 1960s.

Mining Capital and the Indonesian State

Arianto Sangadji traces the relationship between the state and mining capital in Indonesia throughout the historical capitalist development of the country from Dutch colonialism to the contemporary practices of multinational mining corporations. While these powerful firms have generated significant profits, they are also associated with dispossession, environmental degradation, and ruthless labor exploitation, spurring resistance from the local populations.