The accepted criteria for statehood were laid down in the Montevideo Convention (1933), which provided that a state must possess: (1) a defined territory; (2) a permanent population; and (3) a government.
These three conditions were fulfilled by the Republic of Indonesia on August 18, 1945. The Montevideo Convention does not require recognition from any other countries. When the Allied troops landed in Jakarta on September 29, 1945, the Republic of Indonesia already had all the tools of a fully-functioning government. The arrival of the Allied troops, in other areas, was very slow. They only arrived in Surabaya on October 25, 1945, after all the Japanese troops had been disarmed and interned by Indonesian Republican troops.
Using the same analogy, when the Netherlands declared its independence from Spain, it did not even need any Montevideo Convention. In July 1568, the Dutch rebelled against Spanish rule. On July 21, 1581, seven provinces proclaimed the Republic of the Netherlands by issuing Plakkaat van Verlatinghe (Act of Abjuration), the declaration of release of all allegiance to King Phillip II of Spain. The Republic of the Netherlands, officially named Republiek der Zeven Vereenigde Nederlands (Republic of the Seven United Netherlands) had to fight against its former colonial ruler until 1648. After fighting for 80 years and failing to conquer the Dutch Republic, Spain finally signed the Peace of Westphalia accord in Germany, in 1648, in recognition of the independence of the Dutch Republic.
Based on these historical facts, we can see that the establishment of a state did not require any preconditions, nor a recognition from the colonial ruler. Most importantly, the new country was able to defend itself against the military aggression of its colonizer, as what the Dutch Republic had carried out. This was proven by the Republic of Indonesia, which was able to defend its independence for 4.5 years against Dutch military aggression. The Netherlands, assisted by its ally ABDACOM, failed to subjugate the Republic of Indonesia.
Suing the Dutch government
The author is the son of a “1945 Generation” freedom fighter, Lt. Col. (Retd.) Dr. Wiliater Hutagalung, who in 1994 started a movement to prosecute countries that launched military aggression against the Republic of Indonesia between 1945-50. The author resided in West Germany for an extended period of time, until the end of 1992.
In August 1945, Dr. Wiliater Hutagalung helped form the People’s Security Body (BKR) and on October 5, 1945 helped set up the People’s Security Army (TKR)_the forerunner of the Brawijaya Division_in Surabaya. As a liaison officer, Wiliater Hutagalung was intimately familiar with the background of British and Dutch military aggression in Surabaya on November 10, 1945. Wiliater Hutagalung and his Generation 45 comrades gave the author a great deal of information about the war crimes committed by the Dutch, British and Australian troops during that period. At the end of 1949, Dr. Wiliater Hutagalung served as the “Q” chief of staff (equivalent to chief of staff logistics) at the Indonesian Defense Ministry. In early 1950, along with many TNI officers, Wiliater Hutagalung left the military, because he rejected the results of the Round Table Conference, which he considered to be very harmful to the interests of the Republic of Indonesia. This group entered politics and through political channels, succeeded in annulling all of resolutions of the Round Table Conference in 1956.
In 1968, the United Nations issued a convention which stated that war crimes and crimes against humanity were not subject to any statute of limitations. This means the perpetrators can be indicted and prosecuted at any time until the end of their lives. This was evident in Europe, where all German war criminals and people from other European countries who collaborated with Nazi Germany were continuously hunted down, arrested and brought to trial and sentenced to imprisonment, regardless of their advanced age.
Indonesia can claim war reparations from the Netherlands for war crimes committed by the Dutch army during the Dutch military aggression in Indonesia between 1945-50. Indonesia has received war reparations from Japan, as a result of Japanese military aggression between 1942-45 in the Dutch East Indies.
The author and several ‘45 Generation members agreed to draft allegations to sue the Netherlands, England and Australia. However, during the New Order regime, it was not possible to prosecute these countries, which were Indonesian donor countries. After the New Order fell in 1998, activism resumed with a lawsuit against the British government.
On 9 November 1999 at Gedung Joang 45 in Jakarta, a big meeting was held to discuss steps to sue the British, Dutch and Australian governments. The participants agreed to form an organization called the Committee for the Defense of the Human Rights of the Surabaya People for the November 1945 Bombing Victims (KPHARS). On November 10, 1999, KPHARS staged a demonstration outside the British Embassy in Jakarta, and submitted a petition to the British government to: (1) Apologize to the Indonesian people for the bombing of Surabaya on 10 November 10, 1945; and (2) Take responsibility for the consequences of the bombing.
The British government responded positively to this petition. In a statement delivered by Ambassador Richard Gozney on behalf of the British government and the British people, he apologized for the incident and bluntly admitted that indeed British politics then was inclined toward helping the Netherlands to regain control over its former colony. He also expressed his willingness to discuss compensation. However, no response was given by the Surabaya City administration or the central government.
After successfully suing the British government, KPHARS activists prepared a plan to sue the Dutch government, and formed a new organization called the National Committee for Defense of the Dignity of the Indonesian Nation (KNPMBI). The first step was to conduct a protest outside the Dutch Embassy on March 20 2002, coinciding with the 400th anniversary of the founding of the Vereenigde Oost-Indische Compagnie (VOC).
The VOC was a trading company founded on March 20, 1602 and granted a charter (Dutch Octrooi) from the government of the Dutch Republic, which gave it quasi-state authority. It was granted the right to, among others, establish a trade monopoly, raise a private standing army, print its own currency, declare war on another country and collect taxes. During the demonstration on March 20, 2002, KNPMBI delegation submitted a petition to the Dutch government demanding that it (1) apologize for the colonization, slavery and crimes committed by the Dutch army during the Dutch military aggression against the Republic of Indonesia between 1945-50; and (2) take responsibility for the consequences of those actions.
In other words, in point two, the Dutch government would be required to pay colonial and war reparations, as well as slavery compensation. The Dutch government responded on April 4, 2002. Dutch Ambassador Baron Schelto van Heemstra invited KNPMBI leadership to the Dutch Embassy. On May 5, 2005, KNPMBI was redesignated the Committee of Dutch Honorary Debts (KUKB).
On May 20, 2005, through the Dutch Embassy in Jakarta, KUKB submitted a petition to the Dutch government demanding that it: (1) Recognize Indonesia’s independence as of August 17, 1945; (2) Apologize to the people of Indonesia for the colonization, slavery and crimes conducted by the Dutch army during the Dutch military aggression between 1945-50. The Dutch government responded.