Abstract
The sphere of validity of all legislative measures of the Republican government discussed above was limited to the areas in which that government exercised effective authority.
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A different opinion was adhered to by the Landrechter of Medan in his verdict of June 9, 1947, T. 1947 p. 217 ff. Although the facts had occurred in an area under the de facto control of the Republic, the regulation of S. 1945 No. 135 was applied by the judge who considered himself competent since the facts had occurred within his jurisdiction (Residency of Sumatra’s East Coast). But the competence of the judge to try those facts does not imply that the laws of the Netherlands Indies government were also binding for those facts, irrespective of the place of their commission. The validity of both the republican and the Netherlands Indies criminal law was dependent upon the locus delicti.
Gf. M.D.B. 1951, ‘De gelding van vroeger recht in Indonesië’, p. 9, R. Sastranegara, Hukum Tatanegara Indonesia, p. 7.
Cf. François, op. cit. p. 766, see also Oppenheim-Lauterpacht, op. cit. p. 437.
Art. 2 of the Ordinance of S. 1945 No. 122 presupposes the possibility of Japanese criminal law regulations to be maintained valid.
S. 1945 No. 123, entered into force on August 25, 1945.
S. 1945 No. 135, in force as from October 7, 1945.
S. 1946 No. 76.
See M.D.B., 1953 ‘Territoriale verscheidenheid’, p. 31, where it is argued that in the case concerned, capital punishment cannot be inflicted any more, because the defendant has already been punished with the maximum penalty. This way of reasoning is not satisfying, because the infliction of a maximum penalty does not prevent the infliction of another more severe penalty. Cf. the considerations of the Raad van Justitie, Batavia December 15, 1938, T. Vol. 149 p. 64 ff.
In his annotation in T. Vol. 149 p. 64.
Cf. Smit, op. cit. p. 136 note 1.
For the map of Java and Madura under the Renville-agreement, see Kahin, Nationalism and Revolution, p. 233, and of Indonesia as a whole, see Lukisan Revolusi 1945–1950 dari Negara Kesatuan ke Negara Kesatuan, published by the Ministry of Information, 2nd ed. 1954.
Verordening van de Legercommandant No. 514 J.D. 1/1/18, July 19, 1947, Javasche Courant 1947 No. 64, see appendix of H. K. J. Cowan, ‘Indische rechtsbedeling na de bevrijding’, Indonesië 1948–1949 p. 89 ff.
Javasche Courant 1947 p. 320, Cowan, op. cit. p. 91.
Cf. M.D.B., 1951, ‘De gelding van vroeger recht’, p. 9 note 2.
Javasche Courant 1947 p. 321, Cowan, op. cit. p. 91–92.
In its verdict of May 2, 1949 T. 1950 p. 14 ff.
Taken from a map in Tussen Sawahs en Bergen, Het Leven van de Soldaat in de Tijgerbrigade, p. 31. On that map a part of Madura is also shaded as republican territory, which indeed was in accordance with the situation on August 5, 1947 when the first military action was ended. But later on the Dutch troops crossed their own Van Mook-line and occupied the remaining half of the island, cf. Kahin, op. cit. p. 220.
Decree No. 5 of October 23, 1947 S. 1947 No. 180, in force as from the day following publication, which occurred on October 31, 1947.
Decree No. 6 of July 26, 1948 S. 1948 No. 169 in force as from July 30, 1948.
Cf. M.D.B. 1953 ‘Territoriale verscheidenheid’, p. 31.
Cf. Lemaire, Het Wetboek van Strafrecht, p. 84.
Cf. Oemar Seno Adji, ‘Kemerdekaan Pers di Indonesia’, Part II, Hukum 1956 No. 1–2 p. 15–17.
S. 1948 No. 224 in force as from September 22, 1948.
Decree No. 3 of the High Representative of the Grown of January 3, 1949 S. 1949 No. 1 entered into force on January 7, 1949.
Decree No. 3 of September 22, 1949 S. 1949 No. 258 entered into force on September 28, 1949.
Cf. Kahin, op. cit. p. 338.
Verordening van de Legercommandant No. 539 of December 15, 1948 Javasche Courant 1948 No. 105, completed by Verordening No. 559 of August 18, 1949, Javasche Courant 1949 No. 71.
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Siong, H.B. (1961). The Criminal, Law in Force in the Dutch Occupied Areas of Indonesia. In: An Outline of the Recent History of Indonesian Criminal Law. Verhandelingen van het Koninklijk Instituut voor Taal-, Land- en Volkenkunde. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-4967-1_3
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