The British and the Dutch governments held negotiations in Chequers, England, and on August 24, 1945 an agreement was reached, stating that Britain would help the Netherlands retake its former colony by military force. To masquerade its military intent and mislead the rest of the world, the Chequers Agreement was dubbed the “Civil Affairs Agreement”. In other words, the military aggression against the Republic of Indonesia was a premeditated act.
This Chequers Agreement can be said to represent ABDACOM’s declaration of war against the Republic of Indonesia. The British deployed three divisions, under the command of Lt. Gen. Philip Christison, while the Australians sent over two divisions, under the command of Lt. Gen. Leslie “Ming the Merciless” Morshead. Meanwhile, the US provided training and military equipment, including uniforms, to the Dutch forces.
The Allied forces sent Lord Louis Mountbatten, Supreme Commander of the South East Asia Command (SEAC), on three missions to: (1) Disarm the Japanese troops and repatriate them to Japan; (2) Free European and Australian internees captured by the Japanese troops and interned in camps, seeing that they return safely to their respective countries; and (3) Restore law and order across the archipelago.
Thanks to the hefty military support from the British army, the Dutch were able to regain control over most parts of Java and Sumatra. In Eastern Indonesia, two divisions of the Australian army destroyed all forces loyal to the Republic of Indonesia, and on July 16, 1946, the Australian military turned the entire territory of Eastern Indonesia over to the Netherlands Indies Civil Administration (NICA). Then, in the areas under their control, the Dutch established autonomous states and regions.
Before leaving Indonesia, the British worked to broker negotiations between the Republic of Indonesia government and the Kingdom of the Netherlands, resulting in the Linggajati Agreement, signed on March 25, 1947. One of the key points agreed was that Britain and the Netherlands would recognize de facto sovereignty of the Republic of Indonesia over Sumatra, Java and Madura. However, some four months later the Dutch unilaterally broke the Linggajati Agreement, launching its first military aggression on July 20, 1947. With subsequent UN intervention, a ceasefire was agreed on August 1, 1947.
On December 8, 1947 negotiations were conducted aboard the USS Renville. The next day, in pursuit of Indonesian army personnel in Karawang, West Java, Dutch soldiers massacred 431 villagers, including a 12-year-old child, in the village of Rawagede. This massacre of civilians – non-combatants – was not only a violation of the ceasefire terms, but also a war crime and a crime against humanity. None of the perpetrators were ever punished. The commander, Maj. Alfons Wijnen, even received a medal of honor.
The Renville Agreement was signed on January 17, 1948. On December 10, 1948 the Netherlands cosigned the UN Universal Declaration of Human Rights. Nine days later, it unilaterally annulled the Renville Agreement and launched its second military aggression against the Republic of Indonesia, during which many war crimes, crimes against humanity and gross human rights violations were rampant. Thousands of people from Rengat, Riau, to Temanggung, Central Java, were massacred without any trial. The vast majority were civilians. This action was a violation of international conventions on the protection of civilians in time of war.
Urged on by the United Nations, a Round Table Conference was held in The Hague, Netherlands, from August 23 to November 2, 1949. One of the results was the foundation of the RIS (Republik Indonesia Serikat or United States of Indonesia), comprised of 16 states and autonomous regions. On December 27, 1949 there was a transfer of sovereignty (souvereniteitsoverdrach) from the Nederlands Indies administration to RIS federal government, based in Jakarta. The Republic of Indonesia, based in Yogyakarta, was one RIS states. According to historical records, soon after RIS was established, one by one the component states and autonomous regions dissolved themselves or were dissolved by their people – who preferred to join the Republic of Indonesia.
On August 16, 1950, RIS president Sukarno officially dissolved the short-lived United States of Indonesia. On August 17, 1950 the Unitary State of the Republic of Indonesia (NKRI) was declared based on the August 17, 1945 Proclamation. On September 28, 1950, NKRI was accepted as the 60th member of the United Nations. In 1956, the Government of the Republic of Indonesia unilaterally annulled all resolutions made at the Round Table Conference, which means they were no longer considered valid by the Republic of Indonesia.
The Dutch government’s statement that sovereignty can only be granted once and cannot be given a second time to the Republic of Indonesia is absurd and very irrational. In the eyes of the Dutch government, Indonesian sovereignty was granted to the United States of Indonesia on December 27, 1949. But it was dissolved on August 16, 1950. So, the Dutch government still recognizes the sovereignty of a country that has ceased to exist.
Does the Dutch government hold the same attitude towards countries that were once part of the Soviet Union, such as Yugoslavia or Czechoslovakia? Would the Dutch government declare that since it has granted de jure recognition to the Soviet Union, Yugoslavia and Czechoslovakia, it would only give de facto recognition to the splinter states? Would the Dutch government dare to say that the sovereignty of these states still belongs to their former supra nations, long dissolved? Of course the whole world will see this as very absurd.
The legality of the August 17, 1945 Proclamation
The Dutch government was gravely mistaken if it still considers 1945–50 as a “decolonization” period, meaning the Republic of Indonesia proclaimed on August 17, 1945, was still Dutch territory until December 27, 1945. The Indonesian Declaration of Independence of August 17, 1945 is valid from all perspectives.
The surrender of the Nederlands Indie government to the Japanese army on March 9, 1942, marked the end of Dutch colonialism in Southeast Asia. Japan itself declared its unconditional surrender to the Allied troops on August 15, 1945. However, the Japanese unconditional surrender was only signed and received by the allies on September 2. Thus, between August 15 to September 2, 1945, there was a power vacuum in all Japanese-occupied territories, including the former Dutch colony. During this period, the leaders of the Indonesian nation declared its independence. This was not a rebellion against anyone, because there was no effective government or ruler since August 15, 1945. This was also not a rebellion against the Nederlands Indie government, because the Nederlands Indie had ceased to exist.
On August 18, 1945, in addition to appointing Sukarno as the President of the Republic of Indonesia and Mohammad Hatta as Vice President, the Constitution of the Republic of Indonesia was also ratified. On August 22, the People’s Security Body (BKR)_the precursor of the Indonesian National Armed Forces (TNI)_was established. On September 2, 1945 the Indonesian government cabinet was formed.
The founding of the Republic of Indonesia had an international legal basis, namely, the Montevideo Convention which was signed by 18 countries in the Americas, including the United States of America, on December 26, 1933 in Montevideo, the capital of Uruguay. On the other hand, colonialism has no basis in international law. There is not a single international law that gives a country or nation the right to colonize another country or nation. Colonization and occupation only employs the law of the jungle, where the strong prey on the weak.