Conversiequaestie

Properties2
tagsconcept, agrarian, dutch-colonial, colonial-administration, java, colonial, liberal
aliasesConversie quaestie, Conversion Question, Conversie van communaal in individueel bezit, Conversion of Communal Land, Conversie, communaal bezit, individueel bezit

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The Conversiequaestie (Dutch: “conversion question”) was the political and administrative dispute in 1874-1879 over the conversion of communal into individual land ownership (conversie van communaal in individueel bezit) in Nederlandsch-Indië, brought to a head by the journey of the general secretary Levyssohn Norman through Java and Madura in July 1874 and by his telegraphic authorisation from Governor-General Loudon to act in the matter. The dispute led directly to the fall of Loudon — who had requested honourable discharge by Royal Decree of 17 December 17 December 1874 — and to the eventual abandonment of the conversion policy by the Indies government.

Background

A subject not regulated by the agrarian wet of 9 April 9 April 1870 was the conversion of communal into individual ownership. This subject had however since April 1872 been a point of consideration with the Indies government. The then directors of inland administration and of justice — Levyssohn Norman and Der Kinderen — who were charged with the drafting of the ordinances for the execution of the agrarian wet, had on 25 April 25 April 1872 submitted to the Governor-General an ordonnantie for the regulation of the conversion. The Indies government, however, held that this ordonnantie, which wished to promote the conversion forcibly, intruded too deeply into the native household, and that only rules should be set to prevent injustice and arbitrariness in the conversion. From the same idea proceeded the letter of the Minister of Colonies to the Indies government on this subject of 3 August 3 August 1872 and that of 17 February 17 February 1873.

On 23 June 23 June 1873 the new director of inland administration then submitted to the Governor-General an ordonnantie, which was consulted on by the heads of regional administration. Its purport was: that communal ownership of agricultural land could be dissolved into hereditary individual ownership as soon as all share-holders wished it; that however the agricultural lands whose ownership was connected with the fulfilment of offices in the administration of the gemeente should first be set aside, up to a maximum of one-fifth of the communal lands; that the manner of division was left to the dessahoofd and the share-holders, but that the division only became valid by the approval of the resident, which would not be granted until after a commission had ascertained that by the division no special interests had been wronged.

The Journey of Levyssohn Norman, July 1874

By decision of 1 July 1 July 1874 the general secretary Levyssohn Norman was charged to conduct a general local investigation on Java and Madura into the working of the agrarian ordinances, and thereby, among other things, to exchange thoughts further on the question, pending with the government, of the conversion of communal ownership, also in connection with the idea of the resident Van Baak, to give every share-holder freedom to withdraw from the community. Arrived at Samarang, he learned that the assistant-resident of Kendal, on the occasion of his being consulted on the question of the regulation of the conversion pending with the residents, had discussed the matter in the dessa’s with the population, and had then observed that in many dessa’s all share-holders desired a definitive division of the lands, but did not know that it was free for them to do so. The general secretary saw no reason to wait for a general ordonnantie where unanimity among the share-holders about the division and the manner of division existed. By telegram he asked the Governor-General for and obtained from him the freedom to act — the Raad of Indië was not consulted in the matter — and now not only in Kendal, according to rules laid down by the regional administration in accordance with the instructions of the general secretary, was the conversion carried out, but also elsewhere in Samarang and in other residencies.

The Halt and the Fall of Loudon, 4 November 1874

The reports received here about those conversions gave the Minister of Colonies, W. van Goltstein, occasion to send a telegram on 4 November 4 November 1874 whereby the Governor-General was requested to cause the official journey of the general secretary to be stopped. “In writing the viceroy was invited to guard against all pressure for conversion on the part of European officials, and to issue no general ordonnantie, except after consultation with the Opperbestuur, in the spirit of art. 20 of the Regeeringsreglement. Such consultation seemed to be desired both because of the great interest involved in the matter, and because it had appeared that in Indië very divergent opinions existed about the proposed regulation.” The Governor-General complied with the instruction given him, but at the same time requested honourable discharge, which was granted him by Royal Decree of 17 December 17 December 1874.

The Draft Ordinance of 1 February 1875

Although the official journey of the general secretary had been stopped, he believed he could comply with the instruction given him, and on 1 February 1 February 1875 submitted a report to the government, accompanied by a “draft of a general ordonnantie for the execution of art. 62 of the regulation on the policy of the government of Nederlandsch-Indië and for further provision in agrarian affairs,” serving to codify the provisions on agrarian affairs occurring in various ordonnanties and at the same time to amend and supplement them on many points. That this draft, of which the fifth title dealt with the conversion of communal into hereditary individual land-ownership, had little chance of approval under the then government appeared from the sentence of the colonial report of 1875: “In her judgement the codification of the agrarian ordonnanties, although it may have some use, is not a matter of urgent nature, and one should not readily proceed to a new amendment of those ordonnanties.”

The Advice of the Raad, 17 October 1879

The draft of Levyssohn Norman was meanwhile placed in the hands of the directors of inland administration and of justice for advice. This advice was given in 1876, and thereupon the draft, somewhat modified by the general secretary, was placed in the hands of the Raad of Indië, which by advice of 17 October 17 October 1879 gave as its opinion that there was no need for codification, and that amendments in the ordonnanties had already been made or were less necessary. With this advice agreed both Governor-General and Opperbestuur.

The Final Outcome

The conversion of communal into individual ownership, no longer supported by the government, made little progress and was here and there even undone. From the reports on the causes of this and on the working of the conversion, the alternating insights of the various ministers of colonies appear. As reasons for the undoing of the conversion, where it had already taken place, the report of 1878 gives, for example, that this happened in Bagelen, “as one said, in order to give households with many children the opportunity to get more shares.” In Kediri one said “one did not find it pleasant that one always had a piece of fat land, the other continually a piece of lean land, even if the latter was proportionately larger.” The same report says: “It was remarkable that in those dessa’s, where the conversion had taken place, the lands were better worked and manured than elsewhere.”

The report of 1880 concluded: “From the answers received, it has appeared that the native population nowhere spontaneously undertakes conversions of the kind always meant, when speaking of a regulation by general ordonnantie; that namely nowhere of its own accord does it proceed from communal ownership with periodic divisions to hereditary individual ownership in one go. If one lets the population go its own way, it follows a more gradual path.” Three kinds of hindrance to the conversion appeared: 1°. municipal institutions or customs, or existing popular concepts; 2°. the retarding influence of the dessahoofden; 3°. the demands made by the administration with regard to culture- and heerendiensten.

Sources

J.W. van Lansberge en de praktijk van art. 4 van de Geheime Instructie van 5 Juni 1855, by M. Boon, Academisch Proefschrift ter verkrijging van den graad van doctor in de letteren en wijsbegeerte aan de Rijksuniversiteit te Utrecht, 1943, Utrecht: N.V. A. Oosthoek’s Uitgevers-Maatschappij, Chapter V, pp. 99-117.

See Also

Source

De geschiedenis van Nederland in onzen tijd, by J. A. de Bruyne, Directeur der Hoogere Burgerschool te Zierikzee. Deel IV. 1872-1883. Nieuwe uitgave. Schiedam: J. F. Dupont, 1912, Hoofdstuk I, pp. 47-55.

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