BAB SATU

Dampak dari Perusahaan Hindia Timur Belanda mengenai administrasi peradilan di

Hindia Timur \ ,,
'

Saat pelayan. Belanda cepat. Perusahaan India (Vereenigde Oost-Indische

Compagnie) (VOC) pertama kali datang ke Hindia Timur pada awal abad ke-17
mereka. mengalami berbagai macam
negara bagian-besar dan kecil, pedalaman dan pesisir, beberapa bersekutu dan
lain-lain dalam keadaan permusuhan satu sama lain. Masing-masing negara
memiliki institusi sosial, ekonomi, politik dan hukumnya sendiri. Sistem hukum
mereka
Berbeda meskipun kebanyakan dari mereka, oleh. ketujuh belas
abad, terdiri dari perpaduan antara hukum adat, Ind.an dan Islam
dan institusi. Bab ini membahas dampak VOC pada
• sistem hukum ini meskipun berkonsentrasi pada posisi di Jawa
dimana pengaruh VOC1s paling kuat.
I. Pemerintah Eropa VOC
. . . .
Kapal-kapal Belanda pertama yang sampai di Jawa datang pada tahun 1596, Mereka
dikirim
dalam sebuah ekspedisi ke Hindia Timur oleh perusahaan yang dibentuk oleh
. pedagang di Amsterdam Hasil ekspedisi tersebut begitu menggembirakan
sehingga sepuluh perusahaan segera terbentuk di
Belanda untuk berdagang dengan Hindia Timur. ' Perusahaan-perusahaan ini lebih
dari sekadar perusahaan swasta karena didukung oleh berbagai perusahaan.
Mereka bukan hanya pesaing dalam perdagangan tetapi juga instrumen persaingan
kewarganegaraan.2 Persaingan timbal balik perusahaan segera terbukti b7 lebih
berbahaya daripada persaingan Spanyol dan Spanyol.
Portugal. Disadari bahwa harus ada kebijakan bersama
dan ketertiban yang lebih besar di perdagangan timur Belanda. Setelah beberapa
kesulitan,
Van Oldenbarneveldt, negarawan utama saat itu, mampu melakukannya
persuade_ perusahaan untuk membentuk diri mereka menjadi satu perusahaan
tunggal

yang mana Jenderal Negara-Negara Belanda akan memberikan

CHAPTER ONE
The impact of the Dutch East India Company on the administration of justice in the East
Indies \,,
'•

When servants of. the Dutch United fast. India Company ( Vereenigde Oost-Indische
Compagnie) (VOC) first came to the East Indies at the beginning of the seventeenth century
they. encountered a variety of
states-large and small, inland and coastal, some in alliance and others in a state of hostility
with each other. Each of these states had its own social, economic, political and legal institutions.
Their legal systems
differed considerably although most of them, by. the seventeenth
century, consisted of a blend of indigenous, Ind.an and Islamic laws
and institutions. This chapter examines the impact of the VOC on
• these legal systems though it concentrates on the position in Java
where the VOC1s influence was strongest.
I. European Government of VOC
. . . .
The first Dutch ships to reach Java came in' 1596, They had been sent
on an expedition to the East Indies by a company formed by the
. merchants of Amsterdam. The results of the expedition were so encouraging that ten
companies were soon established in the
Netherlands for trading with the East Indies.' These companies were more than private ventures
as they were backed .by various ci vie corporations. They were not only competitors in trade
but• also instruments of civic rivalry.2 The mutual competition of the companies was soon found
to b7 more harmful even than-the rivalry of Spain and
Portugal. It was realized that there would have to be a common policy
and greater order in the Dutch eastern trade. After- some difficulty,
Van Oldenbarneveldt, the leading statesman of the time, was able to
persuade_ the companies to form themselves into a single corporation
to which the Netherlands States-General would grant exclusive trading (hal 1)
rights in the East Indies for twenty-one years. On 20 March1602 the
voc was incorporated by a Charter from the States-Generlrl:'
The Charter' was concerned not only with the terms of the privileges granted
to the voc but also. with the terms on which the
autonomous trading companies had united. This rs illustrated by_ the
fact that the first thirty-three articles were concerned with relations
between the chambers representing the companies forrned earlier in the

Netherlands.' Provision was made for the VOC to have a Board of

Directors of at least sixty 'members elected by the chambers. The
unwieldy nature of the Board was recognized 3:nd provision was made

for a council of seventeen members of the different chambers. This

became known as the Council "of Seventeen (Heeren XV![). Eight

members were nominated by the Chamber of Amsterdam, four by the
Chamber. of. Zeeland and two -ach by the smaller chambers. The
seventeenth member was nominated, in rotation, by Zeeland and the

four smaller chambers. Tile remaining thirteen articles set out the
terms of the concession granted by the States-General to the VOC. By
Article 34 the States-General agreed that no one, other than members
of the voc, should, fer twenty-one years, sail from the Netherlands,
east of the Cape of Good Hope or through the Straits of Magellan, on
penalty of confiscation of their ships and goods. Under Article 35_ the
voc was authorized, east of the Cape of Good Hope, to enter into
treaties and alliances with princes and potentates in the name of the
States-General; to make peace and war; to build stations and
fortresses; to inflict punishment-including capital punishment: to

administer its trading stations.s-to appoint and dismiss govern.ors,

military commanders and· judicial officers; and to .establish other

services necessary for the rr.aintenance of good. order and Justice and

the advancement of trade. All VOC servants were required to swear

loyalty to the States-General and the VOC directorate and to abide by
the regulatiqn of the States-General dealing ":''th the .rnamtenance of
order and discipline in the VOC service (Artikel Brief).
Only brief reference need be made to the European government of
the VOC.7 In theory, the governing body of the VOC was responsible
to the States-General the constituent chambers and the shareholders
The influence of the States-General seemed_ to be ensured by provisions
in the Charter requiring the VOC to submit accounts, to. have its chief
officers appointed by the States-General and for all treaties to be made
in the n a n ic of the States-General. The Charter also recognized .the
right of the States-General to intervene in matters of importance. Since
the grant of privileges was only for twenty-one years, the .States
General seemed -to have the effective sanction of being able to impose
conditions on renewal of the Charter. The autonomy of the chambers
. appeared to be protected by _the Council of Seventeen_ being given little
authority beyond co-ordination of Policy. The Councils authonty also (Hal 2)
seemed to be limited by the absence of permanent members as
members were newly elected for each meeting. The interests of share
holders seemed to be secured by provisions regulating the taking of
accounts and defining· the responsibilities of the directors. .
In practice, the constitutional position was quite different. The
Charter was renewed in 1623 and subsequently at irregular intervals.
Few changes were made in it and these were often disregarded. The
original Charter remained, in effect,' the ·basic regulation of the VOC
until its dissolution in 1800 Constitutional development was however,
almost independent of the Charter and, after a, short. lime, of the

States-General.
As early as 1617, the process of converting rival -companies,

loosely subject to. the States General arid the 'Council of seventeen,

into a bureaucracy, independent of the States-General, directors and

shareholders. had already begun. Amsterdam soon gained control of

the VOC. From the .beginning the Chamber of . Amsterdam had

appointed a permanent official as Advocate to advise it on the law By
a gradual extension of his powers the Advocate became the principal
officer of the Chamber. After ·1623 he occupied a similar position
under the Council of Seventeen. In 1640 he was appointed chairman of
a new permanent committee of ten which read all letters from the East
Indies and drafted replies for the approval of the Council. The real
power lay with this permanent commite although, as a matter of
form all business still passed through the separate chambers and the

Council continued to meet, usually twice a year.

In 1609 it was the States-General· which appointed a Governor
.General for the administration of 'its' East· Indies affairs and which
approved the lnstructions drawn up for his guidance. After 1617,

however, the States-General did not approve any of the General

General. From that date, apart from formal renewals of the Charter,
little remained to show that the authority of the VOC was derived from
and exercised on behalf of the States-General. Nevertheless, the States
General still held a reserve of power and, in response to public
dissatisfaction, it appointed, in 1749, the Stadhauder,. William IV,
Supreme Director of the VOC. I-le was represented in the Council of
Seventeen by a deputy. William controlled military affairs, the election
of directors and the choice between candidates recommended by the
Council for high office in the East. When William died in 1751 his son
was still an infant and power reverted to the 'hereditary' bureaucracy.
Due to corruption and mismanagement in the Netherlands and the
East Indies, VOC profits were dissipated during the eighteenth century
and debts grew as money was borrowed to pay dividends to share
holders. By 1790 the debts had increased to such an extent that a
Committee of Inquiry, presided over by Nederburgn, the VOC (hal 3)
Advocate. was appointed to investigate the VOC's affairs in theEast
Indies. In 1793 while this investigation was still in progress, the VOC's
funds were found to be insufficient to carry on its daily business. The
Nederhurgh Committee reported on 4 July 1795 to the new Batavian
Republic. This Government, however, renewed the Charter only on
condition that the management should be entrusted to the 'Committee
for the East Indies Trade and Possessions'. Its constitution was
political. representing provinces, and not commercial, representing
chambers. Under the 1798 Constitution of the Batavian Republic the
committee was replaced by the 'Committee for the Asiatic Possessions
and Establishments'. On I January 1&00 the VOC was dissolved.

2. VOC Sovereignty in the East Indies

Belo re any assessment can be made of the influence of the VOC on the
administration of justice in the East Indies it is necessary to consider
the extent of sovereignty. andror control which it obtained there.
Scholars such as· Resink and Utrecht have convincingly destroyed the
historical myth . of .hree and .a half centuries of. Dutch colonial
. domination of. the East Indies." lt is now more generally recognized
that Dutch sovereignty over the whole archipelago was not achieved
until 19 JO and that during the voe period. complete sovereignty was
not acquired even in -Java.

It is convenient to divide the history of the VOC in the East Indies

into two periods. with 1650 being taken as the approximate dividing

line. The VOC's role in the. First period is seen as that of 'merchant
adventurer' while in the second as' that of 'merchant prince'. .
. ln 'the period of adventure the voc never settled down but

undertook great journeys of discovery. Ships' were sent out in all

directions 'in a .perpetual search for markets in the hope of returning
with .rich profits' to the Netherlands. VOC expansion was then at its
greatest because if. restricted· itself to superficial contacts of an
exclusively commercial nature: Unburdened by the duties of a
sovereign ruler the voc sent ships to cover half the inhabited world
from the Cape of 'Good Hope to Japan and from Mocha and Aleppo
to Timor. The ocean, not the laud, was the VOC's domain in .this
period." The VOC had no desire to acquire territories as it saw its
object as trade or, rather, the 'profits of trade. lt would have been
content. to have established trading posts along the coasts between
Africa and Japan. Trade contracts, preferably of a monopolistic nature,
made with local rulers, would have assured the voc of the exelusive
import of trade articles and the export of valuable oriental products.
Rights of sovereignty which the VOC obtained were acquired
almost imperceptibly_ as each acquisition would, at the time, have been (hal 4)
considered merely as a means of increasing its trading profits.
Territorial rights were seen as subservient to its mercantile system.
To secure a monopoly of the spice trade, the voe had to conquer the
Spice Islands. To secure the Spice Islands it had to establish a base for
its shipping. To secure the base it had to annex and rule the
surrounding territory with sovereign powers. This led to the building
up of buffer states acknowledging VOC: suzerainty and· to political
relations with the chief indigenous rulers outside its immediate sphere
of influence."
Its monopolistic policy led to clashes with European competitors
and was unwelcome in existing commercial Centres in the archipelago,
The VOC negotiated various favourable and less favourable treaties,
but the exercise of authority proved to be necessary in ort.en to protect
the monopolies so gained. Once it · began to exercise sovereign
authority the voc became involved in all kinds of complication in
relation to local rulers and their internal affairs because it had a vested
interest in maintaining peace. Thus the VOC, which started as a
combination of 'merchant-adventurers', dependent on indigenous
rulers for its trade, gradually became a 'merchant-prince' and one of

· the most important political powers in. the East Indies."

The voe took over the factories established by its precedessors at
Banda, Ternate, Gresik, Patani, Aceh, Johore and Banten, The Voc
conquest of the Portuguese fortress of Ambon in 1605 gave the VOC
its first territorial possession in the archipelago. In February 1605 all
the villages of Ambon recognized the suzerainty of the States-General
of the Netherlands" and when the Sultan of Ternate, in· I 507, accepted
the Dutch as·his 'protector', the Dutch became virtually the dominant
power in Malaku." The first' VOC Governor-General was centred at
Banten but in 1619, with Governor-General Coen's conquest of the
'Kingdom of Jakarta'; the Dutch established themselves at Jakarta
previously known as Sunda Kelapa. Here the voc built its main
stronghold and renamed it Batavia." Coen wrongly 'claimed that the
territory which he had conquered extended from the Cisadane River in
the west to the Citarum River in the east and from the Java Sea in the
north to 'the Indian Ocean in the south. Some of the territory within·

these boundaries properly belonged to Wes) Priangan.'!

in-1641 the Portuguese town of Malaccafell to the Dutch. By the

double conquest of Jakarta and Malacca ihe VOe became master of

 the Indies seas through its domination of the Straits of Sunda and

Malacca, the main accesses to the archipelago." Although this

dominance assisted the VOC to .make peace in l 642 with Banten and
Mataram on favourable terms, the voc transition from 'trader' to

'sovereign' was only beginning in 1650. In Java, for example, it only

exercised .effective control over a small area of the land it claimed to (hal 5)

have conquered. Banlen was the chief power in the west and Mataram
in the east. On the eastern border of VOC territory were Krawang (a
no mans land), Cirebon and East Priangan, a territory to which both
Banten and Mataram laid claim. ·

· When we turn. to the position after 1650" we find that in 1652

Mataram _agreed to. The Citarum River as the eastern boundary of the
V01... terntory and tn 16J9 Banter. accepted the Cisadane River as the
 western boundary of voc territory. In 1677 Matararn, in return for
help given to its ruler by the VOC, entered into a new treaty with the

voc. This acknowledged that voc territory extended to the 'South·

Sea and accepted that the eastern boundary of that territory could be

extended lo dthEe Pamanukan River including Central Priangan.

Karawang and was east priangan were placed under VOC protection.'

Semarang was ceded io the VOC and all other sea ports from Krawang.
To East Java were mortgaged to it as security for expenses incurred by
the VOC. In most cases local rulers continued to administer· their
territories as VOC servants. In 1682-1684 Banten acknowledged.VOC
suzerainty over Banten and Cirebon · · • ·· ·
In .1705 Mataram surrendered all its claims to Cirebon and East
Priangan extending VOC territory eastwards to a line drawn from the
· mouth of the Cilacap River to the. outlet o.f the Cilosari River'.
Mataram also gave up its claim to· East Madura and confirmed the
cession of Semarang. Although the VOC now had sovereignty over the
whole of the Priangan: it found it necessary to place Central and East
Priangan under Pangeran Aria Cirebon, one of the Cirebon Sultans,
from 1705 to 1723. . ·• ·
The Voc acquired from Mataram. in . '1743, West Madura;
Surabaya and its dependent regencies; the remaining coastal districts
between Ctrebo_n and Semarang, a· strip six hundred roods broad along
· the shore, and similar; strips along the banks of all the rivers flowing into
the sea; and the extreme east of Ja_va from Pasuruan to Bali-although
. , this was not actually 'annexed until 1767 and 1768. In 1746 the voc

acquired Tegal and Pekalongan. In 1755 and 1757 the power of'

Mataram was finally broken with its partition between the Susuhunan
of Surakarta and the Sultan of Yogyakarta, both of whom accepted the
voc as their overlord . Malang and Bangil were obtained in 1771 and a
further division of former Mataram territories took place in 1792 and
1796. .

Although outside the _voc period, it should be noted that only in

1812-durmg the· . British Interregnum-were Kedu, Pacitan
Grobogan, Blora, Jipang and· Warasala acquired. The acquisition of
Banyumas, Bagelen, Madiun and Kediri occurred only in 1830. ...
After I630 the voe d_id not expand much outside Java although it
did occupy Makasar (Ujung Pandang) and the adjacent coast in
1667-1669. In general, it wascontent to establish "factories' for which i.t (hal 6)

sometimes received an area of land, such as. at Palembang and

Banjarmasin. .

Such a general account of. VO.C expansion as is gi_ven above

should .not lead one to over-estimate- the extent of effective control exercised by \he.VOC.
The position in the •Priangan _du.ring _the last quarter of the seventeenth century provides
a good insight into the actual situation. Although Dutch historians have frequently claimed

that the VOC' as a result of the treaties with Mataram arid Baljlten, aid

exercise real 'and effective authority there, Resink argues lhat this

claim is at best a moot question" but more likely' a n:,.yth.22 Resink refers to Article 3 of the
1677 Treaty with Mataram which provided:
 The Batavianjurisdiction and limit is and shall remain to th � mi<idle of the

Krawang River, as was resolved with the great Susuhunan jn the'\,car 1652

during the presence of i1.tt.�.iir::: Ryckloff.van Go-os in Mataram:such that•

the Javanese to the west. of the Krawang River to the Southern Sea are
nder the Company's authority and obedience; but is requested that the
imits mav be extended to the Pamanukan River; measured Straight across

to the Southern Sea, with the people dwelling therein, as it is of no profit

to the Susuhunan . . .n
The true position, according to Resink, is that Van Goens· only asked the Susuhunan to
respect the territory where .effective authority was exercised by the VOC. Van Goens had
been Instructed that, if the Susuhunan asked how close to Batavia he might march, Van
Goens was · not to raise the question of jurisdiction so as to avoid any questions as to
its extent." According to De Haan, there was, at this time, an almost complete ignorance
prevailing among officials at Batavia regarding everything that happened beyond the few
square miles falling within the outer fortresses." It should also be noted that

'while the Javanese did not marcli against Banten between 1652 and
11677, the latter was able to advance unhindered through 'Company
territory' to Sumedang except for a feeble attempt. .by the VOC to recapture Sumedang in
1679. We also find that under Couper's 'Seven Regulations' of 1684 the Priangan Regents
were instructed to govern

i1:1.\l!.'1.\'.l_es un�er th� _authority of the VOC a11� �he S�suhunan

sometimes received an area of land, such as. at Palembang and

Banjarmasin. .
Such a general account of VO.C expansion as is given above
should-not lead one to over-estimate-the extent of effective control
exercised by the_VOC. The position in the Priangan during the last
quarter of the seventeenth century provides a good insight into the
actual situation. Although Dutch historians' have frequently. Claimed
that the VOC; as a result of the treaties with Mataram and Banten, did
exercise real and effective authority there, Resink argues that this
claim is at best a moot question" but more likely' a myth." Resink
refers to Article 3 of the 1677 Treaty with Mataram which provided:
The Batavian jurisdiction and limit is and shall remain to the middle of the
Krawang River, as was resolved with the great Susuhunan in the Year 1652
during the presence of messire Ryckloff van Goens in Matara.m. 'sucb that
the Javanese to the west of the Krawang River to the Southern Sea are
under the Company's authority and obedience; but is requested that the
limits may be extended to the Pamanukan River, measured straight across
to the Southern Sea, with the people dwelling therein, as it is of no profit
to the Susuhunan .. .l'
The true position, according to Resink, is that Van Goens only asked
the Susuhunan to respect the territory where effective authority was
exercised by the VOC. Van Goens had been •instructed that, if the
Susuhunan asked how close to Batavia he might march, Van Goens
was "not to raise the question of jurisdiction so as to avoid any
questions as to its extent. According to De Haan, there was, at this
time, an almost complete ignorance prevailing among officials at
Batavia regarding everything that happened beyond the few square
miles falling within the outer fortresses." l.t sho0Id also be noted that
'while the Javanese did not march against Banten between 1652 and
1677, the latter was able to advance unhindered through 'Company
territory' to Sumedang except for a feeble attempt .by the VOC to
recapture Sumedang in 1679. We also find that under Couper's 'Seven
Regulations' of 1684 the Priangan Regents were instructed to govern
Their peoples under the authority of the VOC and the Susuhunan
According to their 'traditional laws, custom, and privileges It was
Not until following the Treaty of 1705; that a commission of
Javanese andDutchmen drafted an extensive and detailed dernarca-
Tion of the territories of the Voc and the Susuhunan Even during
The british administration of Java, Secretary Assey noted how recently
The Dutch had possessed any part of the -island east of Cirebon and
remarked on the distinction still drawn by 'colonists' between the old.
and .tbe newer territories. In proceeding from Batavia to Semarang,
they talked of making a 'journey to Java, as if it were not the same
Island'. (hal 7)
3. VOC Government in the East Indies

Before discussing the administrative system of the VOC a brief

reference must be made to its general attitude to indigenous society.
Cornelis van .Vollenhoven, the great Dutch jurist and 'father' of
Indonesian adat law, has pointed out that one can consult several
centuries of documents on the Netherlands East Indies without ever
finding reference to the arts, institutions or emotions of the indigenous
population. There are reports from Java of the merciless heat, of fever,
and cf the risk of meeting tigers and wild pigs, but not of the
significance of the desa (village) or .of how the indigenous families
lived. The reporters deliberately closed their minds to the way of
thinking of 'abominable Mahornmedans'. Europeans had come not for
explanation or knowledge but for commerce and trade. Van Vollen
hoven also noted that in the commercial period of European authority,
European settlements were merely 'coastal and harbour places, pin
points on the map'. Not Arnbon but Castle Victoria, not South
Sulawesi or Makasar but Fort Rotterdam, and not Sunda but Castle
Batavia .." lt was only with toe replacement of the commercial period
with the territorial period of Dutch policy that interest in the
indigenous population was gradually awakened. But the transition
from 'merchant' to 'ruler' was, in the case of the VOC, gradual and did
not follow any pre-determined .plan, -VOC policy was to interfere in
indigenous affairs no more than was 'necessary for its own interests .
Thus, its authority and administrative organization depended largely.
on local circumstances.
The yoe found it difficult to strike a balance between its duties as
ruler and itS functions as merchant. The combination of sovereign and
merchant was both a strength and weakness of the VOC. The merchant
as sovereign could make 'fat profits' but the sovereign as merchant
_coulct\not take 'longviews'A' As.far as possible the voe remained a
trader and as !iuch it 'needed no 'plan of government and no theory of
government. It; measures of government were based principally on the
question whether they would or would not profit the voe and whether
they would cause as little harm as possible.
As might, be expected, the VOC organization, including the
Government a'l Batavia, was .. primarily a trading organization . .Apart
from sailors arid soldiers, a few judges, clergymen and schoolmasters,
its personnel. consisted oftrade agents who were also entrusted with
diplomatic, administrative and judicial functions which had to be
exercised by the voe as its sovereignty increased. The Voc and its
servants were, in general, only interested in relations with the
indigenous people when they could increase trading profits or when
they were vital to voe interests. The prosperity of its subject peoples
was rarely in the. mind of the voe Government and few of its servants
(hal 8)
set 'out to understand the nature, behaviour and structure of
indigenous communities. The VOC remained, to a large extent,
a foreign body outside the indigenous society. This was to have
an important bearing on the development of governmen, and the
administration of justice in territories subject to it.Jl
In the early days of the VOC its main centre of authority was
the Admiral or Commander-in-Chief of the latest fleet to the East
Indies. Each ship in the fleet had a Council, the members of
whith were appointed by the Council of Seventeen before the ship
left. The ship's Council met when important decisions had to be
made and for the trial of members of the ship's company for
offences such as mutiny,
desertion and breaches of discipline. The Captains and principal
officers of the different ships in the-fleet formed a General Council
(Breede Raad) under the presidency of the Admiral, It e xercised
 plenary jurisdiction in all matters concerning the fleet. In a similar
way, the various trading: stations were governed, · at first, by a
Commander and his Council.
Hostilities with European rivals, difficulties with rulers in the
Indies, and disputes between agents of the different chambers of
the VOC convinced the Netherlands Government that greater
co ordination of policy was necessary. By Proclamation of 27
November

1609 the States-General appointed Pieter Both Governor-General

and established a Council of the Indies." Their powers and duties
were further regulated by Instructions of 1609." : .

The Governor-General, with the advice of the Fiscal (Fiskaal) and

Bookkeeper, was to form a college of government. Two others were to
be elected by these three, making a total of five members. The
Governor-General and Council were to further the interests of the
VOC and the Netherlands in accordance with their Instructions arid
to supervise al! officials and establishments. They were empowered·
to preserve order, to administer criminal and civil justice and, within
limits, to. make regulations." The Council of Seventeen retained its
own powers to make regulations for the East Indies. The 1609

Instructions urged the Governor-General to make efforts to establish a

permanent foot and settlement at Jakarta.

More detailed· General Instructions were issued by the States

General in 1617." The Council was to consist of nine members
who

were to advise the Governor-General in the general direction of trade,

war and government and in the administration of civil and criminal
justice. The requirement that four Councillors a Merchant, the Vice
Admiral, the Commander and the -Fiscal-were to remain with the

Governor-General at all times, reflected the growing permanence

of the Indies Government. The Fiscal was to be the fourth
Councillor and

he was to be the one most experienced in legal and police matters.

He was to be employed in all matters concerning justice, the
taking of (hal 9)

informations and general police and government. The Governor

General and Council were authorized to administer justice in all civil

and criminal cases, to impose sentences and to have them executed

without further appeal. They were to ensure that everyone received

good and expeditious justice in both civil and criminal cases. They

were empowered to appoint and dismiss officials, colleges and

councils, in all fi.ctories and ships of the VOC, for the purpose of
maintaining good order and administering justice in civil and criminal
cases, 'in the absence of the Governor-General and Council. The
Instructions called for justice• to be administered without favour or
discrimination and in fairnessand good conscience. All prosecutions

were to be brought by the Fiscal who was to receive a third of the fines.

The law to be followed was that prescribed for the administration of

justice on VOC ships. Under the Instructions the Governor-General

and Council had power. to issue such charters, ordinances and

instructions as they should deem necessary for the service of the VOC

and the well-being of its servants. Under these Instructions all

important matters. came before the Governor-General and Council

who thus exercised legislative, administrative and judicial powers.

In 1617 the Netherlands' power was still centred on the Spice

Islands. There was a desire to carry out the instruction to establish a

permanent settlement in Java but negotiations with the ruler of

Jakarta had been inconclusive: Governor-General Coen, therefore,

began building a. fort there in 161 g without permission. In 1619, after a
bitter struggle, Coen defeated both the ruler of Jakarta and the

Englishwho had joined forces against the Dutch. With the successful

establishment of Jakarta-soon renamed Batavia=-the Dutch gained a

foothold in Java . :

. The General Instructions of 1632'' were noteworthy in that they

Were not approved by the States-General. This confirmed the transfer

of effective power to the Council of Seventeen. These Instructions

confirmed that the 1617 Instructions were to be followed on all matters
which were not superseded by later Instructions. They contained

important provisions on the administration of justice. Article l noted

that the administration of rightful justice was the foundation. of good

and well-ordered government.' It required the Governor-General and

Council to ensure that at• Batavia and all other places under the

Dominion of the VOC justice was administered in accordance with the

instructions and customs' usually observed in the United Netherlands

Provinces in both civil and criminal cases. Article 2 called for justice to

be administered speedily and expeditiously, Article 3 provided that

no prosecutions should be brought in subordinate stations "and

possessions for serious crimes, such as conspiracy and treason, without

the knowledge of the Governor-General and Council. (hal 10)

The 1632 Instructions were amended and supplemented on a

number of occasions and in 1650 they were collected as 'Points and
Articles in the Form of General Instructions'." These are of special
importance as they were published at the turning point of the VO C's
'period of adventure' and its 'period of rule'. That its interests were still
principally commercial is indicated by the fact that there were more
provisions relating to trade than to government. These instructions
were the last issued by the Council of Seventeen and they mark the
passing of effective control to the VOC Government at Batavia. They
remained the foundation of government and the administration of
justice until the dissolution of the voc
The government was vested in the Governor-Genera.) and six
ordinary Councillors Provision was made for additional Extra or
dinary Councillors. The Governor-General was permanent President.
with a duty to supervise the Council, As 'supreme head' he had to
attend to the prompt dispatch of business. A Secretary was to be
appointed to the Council of the Indies. The Governor-General and
Council were required to ensure that the Council of Justice at Batavia
was filled with capable and experienced officers under the presidency
of a member of the Council of the Indies. The Court was to consist of
seven members. The Instructions approved the use, in both civil and
criminal cases, of a 1642 compilation of laws known as the Statutes of
Batavia. The Governor-General was authorized to make rules for the
police administration.
In accordance with the i650 Instructions the Governor-General in
Council remained the constitutional center of authority in all matters
of commerce, revenue, justice, internal administration and defence . As
'supreme head' of government, the Governor-General gradually
acquired autocratic power. The Council appointed the new Governor
General but otherwise its powers were, in practice, quite limited. The
Council usually consisted of the Director-General, the Inspector
General, a military or naval member and the Advocate-Fiscal. These
attended in person but the Governors of Maluku, Ambon, Banda and
Ceylon were represented by deputies appointed by the Governor-
General.
Below the central government the administrative system was
organized territorially." The system had, however, developed
gradually as circumstances demanded. During the VOC period the
European administrative system did not extend even over the whole of
Java and within each territorial unit, it extended no further than was
necessary or profitable for the VOC. The chief administrative areas in
the archipelago were Batavia, the North-East Coast of Java, Makasar,
Malaku, Ambon •and Banda. Batavia was directly under the Governor
General himself, the remaining areas were under the control of (hal
11)
Governors. For less important posts the titles of Director, Com
mander, Upper Chief, etc.;were used. VOC representatives attached to
the courts of indigenous rulers in Java were called Residents. Local
administration was assisted hy a Council of Policy consisting of the highest
officials in the area under the presidency of the highest local
• administrator. With the addition of other members the Council also
acted as a court. Thus, higher trading personnel were usually entrusted
I• with both administrative andjudicial functions. Theoretically, regular
! inspections were to have beeri made of local administrators but, in
many cases, practically no•control was exercised over their activities.
The Governor of the North-East Coast of Java-a position established
at Semarang in 174&-was.the most powerful of the Governors, having
thirty-six Regenci-s under him, He was so free of control from the
government in Batavia and his administration so distinct as to
• constitute almost a separate government. Almost as powerful was the
Commissioner for and about Native Affairs whose functions in West Java
developed over the period from 1686-1716.
Up to the dissolution of the VOC the way in which the indigenous
population was governed was never uniform, even in Java.ss Gradually
the VOC broke the power of many of the indigenous rulers but the
. amount of control it imposed on them depended on the difficulties
which individual rulers could raise against complete subjugation and the
attractions which each territory offered for commercial and political
exploitation. .
In the towns of Batavia, Semarang and Surabaya, VOC European

officials carried out much of the administration. But even here it was found
necessary, to• some extent, t�• place the various indigenous races
and the Cliinese under their own 'Captains' who represented the VOC
Government to them.Dutside these towns the European officials had little
direct contact with individual Javanese. Even in the vicinity of Batatia, the
ra�t of Java. m�st thorou?hly subject�d, administratio_n was largely ca!
l'ned out by indigenous chiefs, who paid the VOC for this privilege, or by
private individuals who bought the land outright and received with it• most
of the• rights of government.
Most of Java 'was ruled for the VOC under different forms of
protectorate. �When the VOC subdued a ruler he lost some of his
independences but either he or some member of his family was.
ordinarily allowed to retain the important functions of government which
the VOC was unable. to undertake. Changes were sometimes made in the
hierarchy of the-indigenous political organization out only in a few
districts, principally around • Batavia, was .the upper organization
abolished and the VOC ruled through minor indigenous officials, Usually,
the former high officials were retained, ruling• as
. 'ReIgents'. of the VOC inst.ead of. as ind. ependent or vassal rulers. Their
(hal 12)

position was usually hereditary and departure was rarely made from !
the direct line of succession. .
The powers left to the Regents varied greatly in different parts of Java.
While some rulers, such as the Sultans or Regents of Banten, Cirebon
and Madura, were only nominally independent, the Susuhunan of
Surakarta and the Sultan of Yogyakarta continued to exercise a
considerable degree of independence. ln the early days of the
voe, in particular, Regents ciiffered little from the fonper rulers
. except in being appointed by the Dutch. In the same way tha1 the voe
negotiated treaties with indigenous rulers it made' contracts with the
Regents. Originally the nature arid quantities .of goods and terms of
purchase were the result of bargaining but later, quantities and prices
were fixed by the voe, and Overseers ( Opeienersy were appointed to
ensure that the stipulated quantities were supplied. This arnountedno
recognition on both sides that Regents were officials of the VOC. While
retaining a measure of independence they might, ; n practice, be treated just
like other Dutch or Javanese officials. -,
The contract made in 1773 with the Regent of Brebes illustrates the
position of the Regents. He promised fealty and obedience to the VOC. He
was to come and give personal homage, as often as was required of him,
and was to hold no correspondence with any other chiefs without
permission. He was to keep the peace among his own people and with his
neighbours. to rule fairly, not to levy new taxes and not to dismiss his
officials without the VOC's consent. He promised that, except with the
approval-of the 'Governor anJ Director,
he would try no cases or other matters without the 'Pepatties'
and 'Jaxas' given him by the VOC and that he would send all•
serious offenders to the Landraad at Semarang. He was to content
himself .with small disputes of little importance. He promised• 'to
encourage. agriculture, to lease no villages to the Chinese, to obey the
VOC'! commercial regulations and to help stop their •in fringement.
He promised, finally, to deliver annually, at fixed prices, certain quantities
of rice, indigo, timber and cotton yarn, to pay a sum of money and to
furnish horses and labourers for the service of the VOC."
Originally, most of the VOC's revenue came from trading profits, Later, its
main source of revenue came in the form of 'forced deliveries' and
'contingencies'. The former were, in theory, trading contracts
exceptionally favourable to the purchaser. Inpractice, they were payments in
kind, made under 'compulsion but nominally on an economic
basis=tribute disguised as trade. Contingencies were undisguised tribute but
payments were made in kind and not in cash." Such arrangements were of
great advantage to the VOC, but they left
the indigenous population largely at the mercy of the Regents. As long (hal
13)

as the VOC received what was due to it, the Regent had almost a free hand
over his subjects.
Thus; the consolidation of Dutch rule tended to weaken the
indigenous society because it removed an important restraint on the r
exercise of a ruler's power. Before the arrival of the VOC, it was the
powerful man who ruled the indigenous population. But his power was
limited by custom and consent, even if the consent was based on fear. The
ruler had to observe some moderation in his demands for fear that his
 people might emigrate or that a rival • claimant might take
advantage of the general unrezt to usurp his throne. An indigenous ruler
with Dutch power behind him was able to act far more arbitrarily than
former rulers as he was no longer solely dependent on the strength
. of his own will. Thus, the VOC disturbed the centre of gravity of
indigenous society which was henceforth maintained in unstable
equilibrium by Dutch power acting from outside it. Whereas Hindu and
Muslim settlers in Java had settled among the Javanese, had
imparted some of their own religion and civilization to the Javanese and
had gradually become Javanized themselves, the Dutch were rarely
seen by the ordinary Javanese .. Europeans, Chinese and Javanese
lived principally in their own worlds as constituent elements
in a plural society."
There were, however, some European officials who came into direct
contact with the indigenous population. Overseers, for example, were
entrusted, not with ad.niniatrative functions, but with the supervision
of compulsory cultivation of profitable crops. They did not replace the
indigenous administration but performed their functions alongside .it,
being neither subordinate to nor superior to . the indigenous rulers. It
was an early illustration of the dual system of administration which was
to become a characteristic feature of Dutch coionial administration in the
nineteenth century.w •
fn additipn, 'relations between the VOC and indigenous rulers,
originally governed by treaties, later came to be dealt with by special
officials such as.the Governor of the North-East Coast of Java and the
Commissioner for and about Native Affairs. The Governor had great
powers over almost two-thirds of Java. In the area under his control he was
the so'tr intermediary •between the VOC Government and
indigenous rulers and exercised wide powers without having to give notice
to the Batavian Government. The Commissioner for and about Native
Affairs developed from a committee appointed in• 1686 to regulate the lands
en which the varicus 'native' nations, e.g, Javanese, Balinese, Ambonese,
Buginese, etc., were established in the villages around Batavia. The
executive officer of the committee gradually acquired a greater knowledge
of the indigenous languages and customs than VOC servants concerned.
solely with trade. He came to be the usual channel of communication
with• the Javanese. This was (hal 14)

recognized in 1716 by the appointment of an official as 'Commissioner

for Native Affairs'. In 1727 the title 'Commissioner for and about
Native Affairs' was used for the first time. The area of his jurisdiction
varied from time to time, never being fixed by statute, but it seems always to have included Pamanukan,
Ciasem, Krcwang, the Jakarta Uplands between the Citarum and Cisadane Rivers, and Grendeng.
Bandung, Parakanmuntjang and Sumedang which were, in 1706, united with the Cirebon Priangan under
the supervision of Pangeran Aria Cirebon, were, in 1730, placed under the. Commissioner with whom they
remained except between 1758 and -1765 .. His functions were quite extensive, covering all that concerned
the 'natives'. No matter was 100 small for his attention. If a 'native' soldier deserted, he had to report this to
the Government. He might have to arrange for the, funeral of a 'native' notability who had died while visiting
Batavia or\.
submit recommendations about a slave who had taken service as a free man. He also played an important
par! in the indigenous administra tion of justice. The Commissioner was usually a favourite or relative .of
the Governor-General. The latter deliberately prevented the Council of
the Indies from exercising any influence in the Priangan and this
assisted the Commissioner to govern more or less as he liked.
Frequently he made far-reaching decisions without consulting the
Government in Batavia ..so

4. European Administration of Justice i n the East Indies

The need for a legal system at the first VOC settlements in the East Indies was limited mainly to
the maintenance of discipline among its servants and the settlement of .disputes among them."
No special judicial officers were appointed under Article 35 of the Charier. Supreme
authority in the early settlements was with the Admiral of the Fleet. Difficulties could arise if he
died or left for Europe before the arrival of-the next fleet or if it arrived before his departure
when there might be two leaders: In addition, the Admiral had no fixed place of residence and he
had his hands full with the struggle to defeat the enemies.
·
In each settlement authority was vested- in the Chief, Head, Captain, President, Director or
Governor to whom Instructions were given as to what should be done in the event of offences being
committed by his subordinates. In the beginning, these Instructions were drawn up by the General
Council of the Fleet and they followed the rules of discipline used on the ships so far as these were useful
for a settlement on land. An example of these Instructions is the 'Articles and Ordinances given by the
General Council of the first VOC Fleet to . those who remained behind at Banten in 1603. A Captain
was appointed to whose orders obedience was required from all others. A (hal 15)

Council of Justice of four• members was established to administer justice in all 'civil cases'
including minor offences punishable by fine. Special Instructions were also given to the Council. Trial
of serious criminal offences had to await the arrival of a VOC ship at Banten so that the Master and •
Merchant could supplement the local council. Similar Instructions were given on the settlement at
Ambon where authority and maintenance of justice were entrusted to a Provost. In
I 605 a Governor and Council were appointed at Castle Victoria and empowered to administer
justice in all matters, debts and disputes, both 'criminal and civil'.
In the Netherlands it was thought desirable that there should be greater unity in these
Instructions and the 1607 Fleet brought out a new 'Ordinance and Instruction' for YOC settlements,
This was chiefly concerned with trading arid made only passing reference to the administration of justice.
The latter continued basically as before with civil and some criminal cases being tried by local
Councils but more serious crimes having to await the arrival of the Fleet or one of the ships.
However, each settlement seems to have retained its own special Instructions according to its needs.
 The position changed with the at rival of Governor-General Both at Banton in 16IO•as he and
his Council were expressly entrusted with the preservation of order and the administration of civil and
criminal justice.» Their Instructions empowered them to ensure that, through out the whole of the East
Indies justice was administered and served in
all civil matters. On the prosecution of the Fiscal the Council was io try
offences against the VOC's disciplinary laws (Artikel Brief), or other ordinances• and orders of the
VOC or Governor-General and Council. Justice was to be administered in 'fairness and good
conscience'
according to Instructions given to the earlier Fleets and ro what was
though .fit and proper by the Council.
The Governor-General and Council had to provide all settlements with a Council to administer
justice in all civil cases. However, difficult communications and great distances mean, that the permanent
central government, envisaged by the 1609. Instructions, did not have effective influence over all VOC
settlements. Both spent much .of his time travelling and engaging in military activities and great
authority had to be left with local officials. The Instructions, therefore, left the position as regards the
administration of Justice largely unchanged. Local councils remained .authorized to deal-with 'civil
cases'. Criminal cases ought to have awaited the arrival of one or more of the VOC ships but, in practice,
it appears that little objection was made to local trials as long as peace and order was maintained.
For example, Coen and three members of Council imposer! sentences in criminal cases in 1614 and•
1616. The Governor-General and Council. had been designated as the
court for criminal cases but they could not be everywhere and trials (hal 16)

could not be delayed for years, While it was the highest voc court in.
the East Indies it was not the only one administering justice there. The
position remained the same under the second .and third Governors
General and it was not until the 1617 Instructions, on the appointment
of Coen as Governor-General, that the local councils were given
express jurisdiction in both civil and criminal cases. •
In June •1619, soon after the conquest of Jakarta, th, Governor
General and Council imposed its first sentence there and during Coen's
office the Council continued to act as a court. But Commissioners were
appointed to attend to the administration of justice, just as, at that
time. Commissioners were appointed to look after matters such as
customs or bookkeeping. These Commissioners gave their first
 judgment in October 1619 . .
.
It was Governor-General Coen who laid the foundations of the.
European-orientated administration of justice developed by the VOC
during the seventeenth and eighteenth centuries. In 1620 he took the
first step in separating .government and judicial functions on 29
March 1620 he appointed a Bailiff (baljuw) for. the 'town, jurisdiction
and land' of Jakarta which he claimed extended on the east to Cirebon,
on the west to Banten, on the south over the whole of the land to the
'South Sea' and on the north up to and over the islands in the Java
Sea." It is beyond doubt that the VOC did not control such extensive
territory in 1620. On 24 June 1620 a College of Aldermen (College van
Schepenen) was established for Batavia and the area of the former
Kingdom of. Jakarta.> On 15 August 16.20 a Court was established
which was later to develop into the Council of Justice (Raad van
Justirie) at Batavia." At this time, however, the Governor-General and
Council remained the highest judicial body in the VOC territories. The
following account provides a brief description of these and the other
main courts and legal institutions of the voc.

Council of Justice (Raad van Justice)".

The origin of this Court is found in the appointment by the Governor
General and Council on 15 August 1620 of a 'College of
Commissioners or Court Members 'at the Fort' (Collegie van
Commissarissen ofte gerechtsluyden in ''tfc,rt) for the trial of all 'simple
cases, criminal or civil, concerning VOC soldier, and servants'." On its
establishment it received 'Provisional Instructions'« and these were
supplemented by Regulations of 18-August 1620" and 16 June.1625.
The Court's name was changed. in 1626 to the 'Ordinary Council of
Justice within Batavia Castle' (Ordinary Raedt •van Justitie binnen het
Casteel Batavia)." Its first clear Instructions came only with the
Statutes of Batavia, 1642."' Further regulation •of the Court came with
the 1650 Instructions" and the New Statutes of Batavia, 1766 (hal 17)
 A President and eight members were appointed on the Court's establishment67 though the
Statutes of Batavia referred to a President and nine members.6' It appears that the Court was not always
properly constituted as the 1650 Instructions called for its membership to be. increased from a
President and • five members to seven members including the President. Resolutions of the Council
of the Indies of
1661 and of the Council of Seventeen of 1697" spoke of nine members and eight
members and a President respectively. The New Statutes of Batavia also called fora President and eight
members" and it seems that this was its correct membership,
The 1650 Instructions required the Court to be filled with capable and experienced officers73
but, although the number of trained lawyers increased, this did not guarantee that the members
were adequately
qualified for the impartial and proper administration of justice.74 The
Batavia Government retained the right of appointment until i697 .but as better qualified lawyers
came to be required special officials were sent from the Netherlands. Members were poorly paid
and eagerly sought appointment to posts such as Governor of an out-station. This
led. to. great dependence on the Government which could, at will, dismiss, appoint or
transfer• members. 7.s The Council of Seventeen, anxious. to make the Court more independent,
directed in the 1650
Instructions that members should remain in office as long as possible and that its sentences
should be carried out immediately.76 The Governor-General was instructed not to interfere with
its jurisdiction or exercise the privilege of pardon" though persons condemned to death could be
pardoned by a majority of the full Council." In 1690 the Council of Seventeen reserved to • itself
the power of removing judges" and in 1697 the power of appointing them.80 Casual vacancies could
be filled by the Batavia Government, subject to the approval of the. Council. of Seventeen.
Constitutionally the Court was no longer
subordinate '10 the Governor-General but, in practice, the judges still
 looked to the Government for favours and were reluctant to go against its wishes. Under- the
Provisional Instructions of 1620,81 the Statutes of Batavia" and the 1650 Instructions" the President
had to be a Councillor of the' Indies. But as more lawyers were appointed the President W¥
sometimes an Extraordinary Councillor of the Indies and this practice was authorized in 169784 and in
the New Statutes of Batavia.P •
The court came to exercise the highest judicial power in the East Indies as evidenced by its
change of. name in 1798 to the 'Supreme Court of Justice' (Hoge Raad van Justitie).86 Lack of
information and • the imprecise wording of early provisions relating to the establishment
of the various judicial bodies make it difficult to ascertain just how. this..
power was transferred to it from the Governor-General and Council. (hal 18)

Only a brief account can be given here 'of its extensive powers and
jurisdiction." •
As a local court the Council of Justice had jurisdiction to try all
crimes committed by VOC servants" and in certain circumstances by
accomplices of VOC servants." .Certain crimes such as piracy and those
affecting the rights, property and finances of the VOC could only be tried
before the .Council of Justice. It was also a forum
privilegiatum for certain persons including former VOC servants who had
reached the status of Senior Merchant." As the highest �JUrt in the Indies it
also had jurisdiction over crimes committed at out stations. It had jurisdiction
in areas where no judicial authority had been established, •e.g. newly
acquired territories outside the. Jakarta jurisdiction." It could also suspend
and dismiss VOC servants for offences committed at out-stations where the
local court. had power-\.
only to inflict corporal punishment." Capital crimes committed on the •
voyage from the Netherlands also came within its jurisdiction." There was no
right of appeal in criminal cases" though there was a right to ask for revision,
a 'procedure discussed below. The approval the
Governor-General and Council was required for execution of death
sentences
As a Court of first instance the Council of Justice was the usual
court for disputes between VOC servants." The jurisdiction extended to
claims against VOC servants by a citizen or foreigner and to claims
by a VOC servant against another servant and a citizen jointly" or by a
citizen against a VOC servant and a citizen jointly." Former VOC servants
of the rank of Senior Merchant; the Bailiff, foreigners having
disputes between themselves, widows, orphans. and other miserabile
personae had the privilege of appearing before the Court. It also had
authority, by way of 'evocation', to call up cases from lower courts where
justice was denied or delayed.!"
From early times the "practice developed of having civil cases
involving twenty rix dollars or less determined by two Commissioners for
small cases. IOI Though given Instructions in 1669 the
Commissioners did not form an independent court. Their authority was later
extended to civil cases• not exceeding fifty rix ctollars.10,
The appellate jurisdiction of the Council 'of Justice was derived from
Netherlands law. Five different procedures were used. 'Re-audit' (Reauditie)
was an appeal from a judgment delivered by less than the full number of
judges to the of judges could be made in certain circumstances from a lower
court, such as the Court of Aldermen, to the Council of Justice as a higher
court.'°' There. was some doubt as to whether appeals lay from judgments of
courts at the out-stations. In 1698 it was provided that such an appeal could
lie where the amount involved more than 400 reals and some prejudice
(hal 19)

was involved.'" 'Reformation' (Reformaatie) was an appeal from a

•lower to a higher court whereby objection was made to a judgment
which, due to the• small amount involved or for some other reason, did not
admit of appeal or when no execution could be levied upon the judgment
It could be used against certain judgments of the Court of Aldermen and of
courts at out stations in 'Reduction' (reductie) was
a means of appeal against decisions of arbitrators. 'Revision' (revisie)
was a means whereby those who objected to the decision of the highest
court in the jurisdiction requested that the case be reconsidered by
the .same court supplemented by 'adjunct-revisers' appointed by the
Government. It was an extraordinary process by which decisions of the
Council of Justice could be challenged although no appeal was possible.
Revision could be sought against criminal and civil judgments of the
Council of Justice if 'error or mistake', such as miscarriage of justice, had
occurred and all usual legal remedies had been exhausted. As no appeal or
reformation was possible against judgments of the Council of Justice and
appeal was not permitted. to the courts in. the Netherlands, the
extraordinary process became, by frequent US!!, a fairly common
legal• process. When revision was permitted; an ad hoc Court was
constituted by the Government
appointing an equal number of 'adjuncts' to the number of judges from
whose decision revision was sought. The decision given by this Court
was fina1.112

Advocate Fiscal (Advocaa’-Fiscal)

This office as old as the administration of Dutch justice in the Indies-had
'ts origin in the practice of sending a Fiscal with the early fleets to prosecute
those committing offences during the voyage In
I • 1607 Instructions were issued for the Fiscal In the early
settlements an official such as the Bookkeeper frequently acted as
prosecutor.us The Fiscal was a member of the first Council of the Indies
and was required tdi, prosecute offenders against the disciplinary
laws, ordinances and orders of the VOC and of the Governor-General and
Council In the early days difficulties arose from the fact that the
Fiscal had no fixed place of residence and had to travel around the various
settlements. It was early established that he was entitled to a share of fine1,
confiscations, etc.118 Though the 1617 Instructions set out his
qualifications his duties remained basically the same as in
1609."' The first Fiscal to bi! stationed permanently at Batavia was
appointed in 1618."• • . •
..
With the establishment of two Courts and the office of Bailiff in
1620 it became necessary. to have a more detailed regulation of the Fiscal's
office. It became usual to describe him as 'Advocate-Fiscal' or sometimes
'Fiscal of the. Indies'.'" Toe office was regulated by Instructions of
1620, 1625 and 1627 and by the Statutes of (hal 20)

Batavia."' In 1666 the 'Water-Fiscal' (see below) received some of the powers
of the Advocate-Fiscal. the authority of the latter being further regulated in
1690"' and in the New Statutes of Batavia
The work of the Advocate-Fiscal ranged over many fields.'"
Though his principal task was that of public prosecutor in the Council
of Justice he was also a judge of the Court in some cases. He acted as a
head or police and supervised private trade and navigation.'"
Theoretically. he was not dependent on the Government and instituted
prosecutions on his own initiative. His authority was closely linked with
the criminal jurisdiction of the Council of Justicc.'19•His authority appears to
have extended over the whole of the Indies although limited
by the authority granted to the Bailiff, local independent Fiscals and
the Water-Fiscal He was required to supervise justice and inquire. into
unpunished offences. The principal function of the Advocate-s. Fiscal was
the prosecution of VOC servants but he also prosecuted other offenders who
came" within the jurisdiction of the Council of Justice.'" In cases in which
he was not a party he was en titled to sit as
a judge •of the Court. Since the Advocate-Fiscal was responsible for
peace and order he also acted as a kind of police chief but in this respect
his authority was obviously limited to Batavia.'>
Water-Fiscal (Water-Fiscaal)
A Water-Fiscal was first appointed in 1660 to assist in the prevention
or illegal private trade in the East lndies The office was regulated by
.I
Instructions in '!666 and 1669.'" His principal task was the supervision
and police of the roadstead and river of Batavia but a clear distinction.
was not always drawn between his jurisdiction and that of the
Advocate-Fiscal. Within his jurisdiction he could prosecute VOC servants
and citizens.t'" In civil cases in which he was not a party 'the Water-Fiscal
could sit as a judge in the Council of Justice.
Court of Aidermen (Schepenbank)'"
The Court of Aldermen was the name by' Which the College of
Aldermen was known when it acted as a -court. The College was officially
established on I July 1620 although it had already received its
first Instructions on 24 June 1620.1" The College not only exercised judicial
powers but also powers ever local government and police in Batavia.
On its• establishment it consisted of five members -two VOC servants and
three citizens.'" A Chinese member was added to the Court. if one of the
parties was Chinese '" The exact composition of the Court varied• from
time to time.'" On the. reorganization of the College in 1625 it was composed
of three VOC servants and four citizens, together with two Chinese
members sitting as Extraordinary. Members when Chinese were involved.
The membership was the (hal 21)
same under the Statutes of Batavia.tv The last Chinese lo sit as a
member of the Court died in 1666."6 By the end of the century the
Court consisted of four VOC servants and five citizens. The Court was
usually presided over by a VOC servant.!« The members of the
College were appointed annually by the Governor-General and
Council.t-s
The Regulation of 15 August l620 was the basis for subsequent
regulations of the Court's jurisdiction.'" A further regulation occurred on •18
August 1620"' followed by detailed Instructions in 1625"' which were
substantially repeated in the Statutes of Batavia.t» The Court's jurisdiction
extended over the whole of the Jakarta territory. Newly acquired territories
lying outside this area fell outside the Court's jurisdiction unless they
were expressly added to it.1" The Court had
jurisdiction• over an persons who were r1<1t VOC servants. Thus, it was
the usual court for citizens and foreigners within the town of Batavia,
although theoretically !! extended throughout the Jakarta District.!» On its
establishment. the Court's jurisdiction •was limited to 'civil cases'"' but on
15 August 1620 it was extended to criminal cases.'" When hearing
criminal cases the whole Court •sat.15s The criminal jurisdiction was
limited to some extent by the fact that certain crimes could only be tried by
the Council of Justice. In civil cases the Court was the usual court for
disputes between free citizens and foreigners in Batavia.us although special
provision existed for dealing with disputes
between VOC servants and citizens or foreigners.'" Usually five
members heard civil cases but less important cases could be heard by two,
three or four members
There was no appeal from the Court's decision in criminal cases and
sentences 'could be carried out immediately except where confirmation
was required from the Governor-General and Council.162
In civil cases. heard by four members or less, a rehearing by the Full Court
could he obtained. From judgments of the Full Court an appeal might be
made to the Council of Justice Revision could be sought of judgments of
the Court when it had acted as a court of
•appeal from lower courts.'" The President could summon the Court as
required but it normally sat two or three times a week.!ss
In addition to its judicial functions, the College of Aldermen had a wide
range of legislative and administrative functions. These included power to
regulate streets, bridges, buildings, etc.'" Jt was also involved in the transfer
and mortgage of immovable property as these
. had to take place before two aldermen

Bailiff (Baljuw) .
No detailed description was given of the Bailiffs authority on his first
: appointment in.1620 but h became clearer on the establishment of the
Court of Aldermen on I July 1620. Part of his work was described in (hal 22)

the Regulation of the Court's jurisdiction of 15 August 1620171 and further

outlined in Regulations of 18 August 1620, 9 December 1621 and 4 February
1622."' Instructions for the Bailiff were issued in
1625"' and the division of jurisdiction between the Bailiff and the
Advocate-Fiscal made more precise.'> Amended Instructions
appeared in the Statutes of Batavia'" and also in the New Statutes of
Batavia.!"
The Bailiff's most important function was that of public
prosecutor in the Court of Aldermen. In theory, his authority extended not
only over Batavia but over the whole Jakarta District, In 1651, when the office
of Landdrost was established the territory of the Bailiff was limited to
Batavia. He could only prosecute voc servants in certain circumstances. Those
who were normally prosecuted by him were Dutch citizens, foreign oriental
(mainly Chinese),. free 'native,. inhabitants and staves, When the Bailiff was
not a party lo case he• sat as a judge in t.he Court of Alderrnen.!"
Another. important part of the Bailiff's duties was the maintenance
of peace, order and security within the limits of his territory. For this purpose
he was given certain powers of arrest. He also had authority to impose fines in
respect of minor offences and to maintain justice in accordance with the
law.'?? Yet another part of his work was in connection with the
administrative authority of. the College of
Aldermen."?
Landdrost 181
As the area of territory around Batavia subject to direct VOC control
increased, the task of the Bailiff in maintaining peace and order" became
onerous. The area around Batavia had always been regarded by the Dutch as
a dangerous place-not • only because of the
'dangerous' and 'untrustworthy' Javanese but also because of the presence
of wild animals such as rhinoceroses."' Following many complaints about
thefts, robberies and violence suffered by the inhabitants of the country
around Batavia-allegedly caused by
Javanese 'vagabonds' and robbers-the Government decided, in 1651, to
appoint a special officer, called 'Landdrost', for the purpose of ensuring
peace• and order and safety.'" The office was really that of a second bailiff
and many of his duties and powers were similar to those of the Bailiff.
Under the Instructions for the Landdrost, (he Bailiff was limited to Batavia,
while the Landdrost's authority .extended ov.er the rest of the very extensive
territory allocated to the Bailiff in 1620.'"' In 1'678, after the extension of
VOC territory under the 1677 Treaty with Mataram, a second Landors (hal
23)

with the Bailiff, the duties of the Landdrost embraced the administration of
justice, matters of police and arlministration_186 He acted as prosecutor
in the Court of Aldermen: in cases coming within his Instructions.rs" He
had a right to sit in the Court of Aldermen and could vote in civil
cases.188 After the establishment of the 'Heemraden' College (see below)
he also sat in that body."'

District Super eisors (Wijkmeesters)

The Bailiff was assisted by European and indigenous servants
However, from 1655 the Government appointed District Supervisors to
assist the Bailiff maintain peace and order. Instructions were issued for them
in 1655'" and in 1685.'92 Ii seems that six Supervisors were appointed in
both the eastern and western parts of Batavia. Some Chinese Supervisors
were appointed in 1690.'" The work of these
officials included the police supervision of the inhabitants of their
quarter and supervision .of building and sanitary conditions."' The
Landdrost was also assisted by various servants'" and in 1686
Supervisors were appointed for the Batavian Environs.'?"
Curator ad Lites
The Curator was an official entrusted with the administration of estates
of VOC servants 'dying intestate or without heirs in the area. The first
reference to the office is made in 1648"' but, following some
doubts about the validity of the office, the States-General in 1671 gave the
VOC authority to appoint......such Curators.'"
Orphan Chamber (Weeskamer)
This body was established in 1624 and received its Instructions in•
1625.'" Its task was the supervision of and •exercise of authority over
minors and their. property. The number of Orphan Masters
appointed'._ increased as the population of Batavia increased.'" The
rights and duties of the Orphan Masters were laid down in both the
Statutes of Batavia'•' and the New Statutes of Batavia.'°'

Non-Christian Estate Chamber (Onchristelijke Boedelkamer)

This Chamber, first established in !640,2os was intended to prevent the
'defrauding and plundering' prevalent in houses of deceased Chinese •
and other non-Christians The rights and .duties of the Estate
Masters were set out in their 1640 Instructions= and in the Statutes of
Batavia.'•' Abolished in 1648,'°9 re-established in 1655, the Chamber was
regulated in detail in the New Statutes of Batavia. Originally it
consisted of VOC •servant as President, a Dutch citizen and two
• Chinese.212 It later consisted of two VOC servants (one the President),
• two citizens, three 'natives' and two Chinese. (hal 24)
Commissioners of Matrimonial and Petty Causes (Commissarissen
van Huwelijkse en kleine Gerechtzaken)
A College of Commissioners of Matrimonial Causes was established in
1641. principally for the prevention of abuses and. irregularities
involved in the marriage of Christians. one of its tasks was the
registration of banns which had, from 1932. been entrusted to two
Commissioners of Marriage from the College of Aldermen. in place of the
Church Council."' The Commissioners ensured that there were no legal
impediments to marriage.'" In 1621 it had been provided that 'all
inhabitants and citizens of Jakarta' were only to marry with the
consent of 'our respective authorities?'? and the Statutes of Batavia listed
marriage impediments which were mainly derived from Dutch law.2111
Local• conditions were responsible for prohibitions on
. Christians marrying non-Christians, a heathen or a '.Moor'."' a\
Dutchman front marrying a 'native' wife unless she reasonably under- •
stood and spoke Dutch.22Q. a 'serf from marrying a free woman.t"
slaves of different owners from marrying each other222 and for the
requirement that VOC servants obtain the consent of the Governor
General. 223
Commissioners of Petty Causes had their origins in the Statutes of Batavia's
provision that small cases could be determined by two, three or four
Aldermen.'" The work load of the Court continued to be so great that it
could not be disposed of on ordinary sitting days. In 1656, therefore, Special
Commissioners of the Court were appointed to hear petty cases."' Under
1656 Instructions the Court consisted of three members, two from the
College of Aldermen and one from the Commissioners of
Matrimonial Causes. It sat three times a week and• its jurisdiction was
principally in civil law . . It could •hear any cases within the jurisdiction of
the Court of Aldermen where the amount in dispute did not exceed 100
reals of eight.• It also• dealt with actions for damages for injury. insult,
abuse and assault. The Commissioners also had limited criminal
jurisdiction in respect of non-observance .of procedural provisions,
breaches of navigation provisions and in certain cases of assault and injury
.'26
In 1673 it was decided that petty causes were to be heard by the
Commissioners of Matrimonial Causes without the assistance of the
Aldermen-Commissioners In effect, a new court was constituted as the
•previous Commissioners had remained part of the Court of Aldermen.
By 1682 the practice of keeping the functions of the two sets of
Commissioners separate was abandoned The Court came to consist of a
VOC servant as President, a citizen as Vice-President, and another voc
servant and two citizens as Commissioners-a total of
Five members. The work of the Commissioners remained much the same,
being further regulated by 1684 instructions and the New statutes of Batavia.
(hal 25)

Heemraden College (college van Heemraden)

This College was established in 1664 because frequent disputes arose
between landowners, and because the area of the Batavian Environs was
so great that the Landdrost could not himself keep proper order
. everywhere.232 Some time after 1672 the College seems to have been
dissolvedm but it was re-established in 1679"' and received
Instructions in 1680."' This College was itself dissolved in 1684 and a new
College established.'" The composition of its membership changed
from time to time"' but by the time of the New Statutes of Batavia it
was said to consist of a President-a Councillor of the Indies-, a Vice
President.-•1sua1ly the Landdrost-, and seven
members-three VOC servants and four citizens."' Accordi.ng to the
1680 Instructions the area of its authority was all the iand 'within the
territory of the Company Outside the to,vn1.219 One part of its work was
concerned with land ownership.>e It gave consideration to grants of land
by the VOC"' and 1t had judicial authority over boundary disputes
and defective titles and authority to act as arbitrator in disputes
concerning ownership or possession of land.243 Notice had to be given to
it of transfers of. land outside the town of Batavia.r«
Another part of its work involved the supervision of the construction and
maintenance of roads, bridges. canals, dykes, rivers and buildings."' A
further part of its work concerned security in the
'countryside' for which purpose it was authorized to take offenders
into custody and hand them over to the relevant officer of justice.'"

College of Commerce (Collegie van Commercie)

This College was established in 1746 for the improvement and
facilitation of free navigation and commerce at Batavia. It had
jurisdiction. over disputes between ship owners, between shipowners
and passengers, and between passengers and merchants.247 It had but a
shorrt existence being abolished in 1755."'
{••,
Notaries, Advocates and Attorneys (Notarissen, Advocaten,
Procureurs)
In 1620 Governor-General Coen, regarding the office of Notary as
indispensable, appointed the first Notary. At first the office was held by the
Secretary of the Court of Aldermen but in 1625 detailed Instructions were
issued regulating the rights and duties of Notaries.zsa The office was further
regulated in the Statutes of -Batavia and in even more detail in. the New
Statutes of Batavia."' The principal work of the Notary was the drafting of
wills, bonds, contracts, affidavits and
other deeds requiring authentication."' •
There were also Attorneys and Advocates from the earliest days
although few of the latter• were admitted at that time. 1nstructions for
Attorneys were issued in 1625 and detailed Instructions were given (hal 26)
the administration of justice.290 In 1640 he was instructed to prepare
consolidation of the local Iaws.29' This he did and, after it w
approved by a commission of lawyers, the compilation w:
promulgated by Governor-General Van Diemen and Council
1642."' Its use was approved by the Council of Seventeen in the 16'.
lnstructions.2i13
The Statutes of Batavia consisted of the edicts and ordinances c the
Governor-General and Council, arranged systematically and wit some
additions and arr.endments, together with extracts from th
'common law' of the Netherlands and the 'written Imperial laws'
Romari law-as were considered suitable for the East Indies.'" It wa also
provided that where no special provision was made in the Statute of Batavia
the law to be applied was the 'laws, statutes and customs o the United
Netherlands', If these did not cover the case the 'writter Imperial laws'
were to be used in so far as they were in accordance wit] and practical. in
view of conditions in the Indies,29!!
There is no doubt that the Statutes of Batavia met an urgent need by
bringing some order into the existing legislative chaos, But they did not
deal systematically with particular areas of the law 'as does a modern
code, Instead, they constituted a collectioi1 of laws and commercial and
adininistrative. provisions of the most diverse nature. They dealt, inier a/ia,
with the, boundaries of Batavia and its coat of arms; religion and the
observance of the sabbath; Aldermen, Bailiff, Council of Justice, Fiscal
of the Indies, court officials, notaries, advocates and attorneys; court
procedure, arrests, sentences, ex ecutions and appeals; orphansi'....estates of
foreigners, desolate estates; commissioners of marriage affairs, community
of property' and marriage conditions; intestate succe•ssion;.. militia; tax
collector, surveyor, assayer, weightc and measures, bread baking, arak
distilling, sale of meat and fish, auctioneer midwives; slaves, female house of
co'rrection[, hospital; prohibited trade; divers crimes including whoring,
adultery; drunkenness, gambling, fighting; manslaughter; fugitives;
libels; piracy.ise The Statutes of Batavia made several references to
Roman law, viz, with regard to intestate succession297 and regulation
of slnvery."' •

The Sti1tutes of,Batavia calied on all Vice-Governors, 'Presidents, Justices'

and Judges in 'far-off countries, towns and places' under Dutch
sovereignty in the, East Indies, to regulate themselves according to its
provisions as far as the constitutio;i of such countries, towns and places
should admitand allow, However, some writers and the 1802
Committee (see Chapter Two) considered that the Statutes had the
force of law only in Batavia and the Batavia District as it existed iu
1650-the,alleged territory of the old Jakarta Kingdom-and not in the many
places both inside and outside Java which did not come within the
Jakarta District."' This view has not been accepted by other (hal 32)
� twas