Assignment 4

Anara Bonarta Schulz 2106718930
Muhammad Radifan Averell 2106719132
Staatsblad Europeanen is a term in the conflict between applicable internal legal systems for
those who were not previously included in the European group that then became considered as a
European group. In this assignment, we will analyze the Staatsblad Van Nederlandsch-Indië No.
459 : “Gelijkstelling Met Europeanen” that governs the transfer of the population group for Elias
Talarima, a Christian man hailing from Tjimahi. “Gelijkstelling Met Europeanen” refers to the
act of equalization done by population groups who are not originally European. Our group has
chosen Staatsblad 1914 No. 459 as the subject of our analysis. Staatsblad 1914 No. 459 was
approved on June 23rd 1914 and issued on July 6th 1914 by The Governor General of the Dutch
East Indies to award Elias Talarima the status as a European, in accordance with the provisions
made under Article 109 of the Regeringsreglement 1854, though was later amended in Article
163 Paragraph 2 of the Indische Staatsregeling (IS) of 1925.
The matter of Staatsblad 1914 No. 459 is an example of the process of “equalization” of status
with Europeans or known as gelijkstelling. Gelijkstelling can be done to Foreign Orientals or
natives based on request which is regulated under Article 109 Paragraph 5 RR. With this,
everyone who makes an application can be equated according to the Staatsblad, known as the
Staatsblad Europeanen. If equalization is carried out, those who are classified as either Foreign
Orientals or Native Pribumi will be integrated into the European category. This is because
Europeans will be deemed to have the same level of importance as the other group. In the
majority of instances, the act of equalization is not done for the purpose of achieving racial
equality; rather, it is done for the purpose of acquiring social rights to gain access to such
luxuries as schools, governance, and the social position of a person, as well as to enjoy the same
access that is granted to the European group.
Before we analyze how Elias Talarima came to have the “Staatsblad Europeanen” similar to
Europeans, gelijkstelling itself is divided into two types, namely formeel-wettelijke gelijkstelling
and informeel-rechteliijke gelijkestelling. Formeel-wetteliijke gelijkestelling refers to the
acquisition of equal status through a written regulation. The process occurs by firstly filing a
request to modify one's status to the Governor-General of the Dutch East Indies, the
Governor-General must then consult the agreement with the Council of the Netherlands Indies,
“known as the Raad van Nederlandsch-Indië”. This is based on Article 109 paragraph 5 of
Regeringsreglement 1854 and was amended on Article 163 paragraph 5 IS. As for
informeel-rechteliijke gelijkestelling, it refers to a process in which one acquire equality of rights
that is not based on written regulations, but rather as a result of jurisprudence, such as a mixed
marriage with a European, lifestyle, European name, occupation, religion, and social standing
within European communities.
Referring back to Elias Talarima’s case, although the documents that we have found do not
explain what previous population group Elias Talarima was a part of, we deduced from his name
that he was a Christian living in Tjimahi. Due to Article 109 Paragraph 4 RR, which states that
every genuine Christian remains subject to provisions that apply to Indigenous Groups, and
matters relating to regents, burdens, and duties, towards general, regional and municipal
ordinances and institutions, are equated also with Indigenous groups who do not embrace
Christianity, Elias Talarima used the process of equalization or gelijkestelling through a
formeel-wettelijke gelijkstelling to change his population grouping status into Europeans, and
was successful as proven by the issuance of Staatsblad 1949 No. 459 by the Governor-General of
The East Indies.
With the issuance of said Staatsblad, the Governor General of The Dutch East Indies, at that time
Alexander Willem Frederik Idenburg, with the agreement of the Raad van Nederlandsch-Indië
had agreed to fulfill Elias Talarima’s request to be regarded as Staatsblad Europeanen. The
consequence of this issuance resulted in the status of Elias being regarded as a European, thus he
is subject to the legal products specified for Europeans, i.e., Burgelijk Wetboek (BW), Wetboek
van Strafrecht (WvS), Wetboek van Koophandel (WvK). Following his conversion, the
consequences for Elias is that laws which applied to his previous population group no longer
apply to him, though as we assume that he is a part of the Bumiputera group, we can conclude
that whichever laws were attached to him, were then no longer applicable to him.

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Anara Bonarta Schulz 2106718930

Muhammad Radifan Averell 2106719132

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