THE GOVERNOR GENERAL OF THE NETHERLANDS 'POLITICS OF LAW TO APPLY EUROPEAN LAWS TO PRIVATE PEOPLE (TOEPASSELIJK VERKLARING)

Abstract

The Dutch East Indies government based on Article 5 AB divides into two groups, this article states that the inhabitants of the Netherlands Indies are differentiated into European Groups (along with those who are equated) and Indigenous Groups (along with those who are equated with them). The legal politics of the colonial government which regulated the implementation of the government legal system in the Dutch East Indies were included in Article 75 RR, which in principle was as stated in Article 11 AB. The entry into force of IS by itself has eliminated the entry into force of the RR. The Law Politics of the Dutch Indies Government at the time of the implementation of IS can be seen in Articles 163 IS and 131 IS. Article 163 IS regulates the division of groups, which in essence all of its contents are quoted from Article 109 RR (new). Toepasselijk verklaring is the authority of the Governor-General to apply certain European legislation (if deemed necessary) to indigenous groups. So, with the issuance of these two policies, the original law of the indigenous people will only be used by judges as long as the law does not conflict with existing regulations. This is a form of compromise in carrying out unification on the one hand and maintaining legal dualism on the other. But in the end these two policies were the embryo for implementing legal unification for certain laws such as the labor and land sector. For liberal politicians, progress in statutory regulations is good news because the realization of the ideals of legal unification is in sight. However,

Keywords: European Law, Indigenous People, Toepasselijk Verklaring