Dasar Hukum Internasional dan Kontestasi Legitimasi Kolonial Belanda di Indonesia Pasca Perang Dunia II

Abstract

The return of the Netherlands to Indonesia after the Second World War represents one of the most significant international legal issues in Indonesia’s decolonization history. Following Japan’s surrender to the Allied Powers in August 1945, the Netherlands attempted to restore its colonial authority in the Netherlands East Indies with the support of Allied military structures, particularly through the Netherlands Indies Civil Administration and civil affairs agreements with Allied commands. This article analyzes the international legal basis invoked by the Netherlands to return to Indonesia after World War II and evaluates the legitimacy of such claims in light of Indonesia’s Proclamation of Independence, the United Nations Charter, the principle of self-determination, and the involvement of the United Nations Security Council. This research applies a normative legal method with historical, conceptual, and international law approaches. The findings show that the Dutch return rested on three principal arguments: the continuity of Dutch sovereignty over the Netherlands East Indies prior to Japanese occupation, the Japanese surrender instruments to the Allies, and Civil Affairs Agreements governing the administration of territories liberated from Japanese control. However, these legal bases were primarily military-administrative in nature and did not automatically legitimize the restoration of colonial rule. After the Proclamation of 17 August 1945, the existence of the Republic of Indonesia created a new legal-political reality that attracted international attention. United Nations Security Council Resolution 27 of 1947 referred to hostilities between the armed forces of the Netherlands and the Republic of Indonesia, thereby transforming the conflict from a purely colonial domestic matter into an international issue. This article concludes that the Dutch return had an operational basis in the law of war and Allied agreements, but its colonial legitimacy became increasingly fragile under the post-1945 international legal order oriented toward decolonization, self-determination, and peaceful dispute settlement.