Law of 11 May 1950, laying down certain safeguards against certain categories of civil servants and former civil servants of Indonesia and their survivors
We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
All of them, who will see or hear these, saluut! do know:
Having considered that it is desirable to ensure the transition to a new legal order certain safeguards of the State against certain groups of civil servants and former civil servants of Indonesia are desirable. and their failure to establish relations with the law;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of the provisions of this Law, the following definitions shall apply:
I. "Public servants" means:
civil servants of Indonesia, and persons employed by the self-employed communities, established in accordance with Articles 119, 121 or 123 of the Indian State Scheme,
a. which on 5 August 1949:
Were in permanent service, or
or had been adopted on a short-term basis, subject to the right of free crossing to the Netherlands, provided that the adoption of a de facto entry into service has been carried out,
Were in temporary service since 1 March 1942, or had been in temporary service,
or were temporarily employed in connection with a service provided by the Rules of Procedure relating to the adoption and the conditions of employment of workers at month, day or hourly earnings (M.D.R. 1939) or similar regulations. of a special teacher within the meaning of Article 1 (2) of the Pension Regulations of Special Teachers, provided that these links existed since 1 March 1942. Prior time,
in temporary service and have been in military service since 1 March 1942 prior to appointment to temporary service as a temporary service or subject matter subject to reserve requirements;
b. who, after 5 August 1949, were engaged in fixed service, or adopted on a short-term basis, prior to the transfer of sovereignty, to which the Netherlands is entitled to free passage;
c. who for the application of this Law by Our Minister in accordance with Our Minister of Finance with one of the following A or B shall be treated as categories;
II. 'former public service servants' shall mean:
(a) persons who, after August 1945, have effectively cooperated in the reconstruction of Indonesia or who have been prevented from doing so by decision of the Commission, who have been prepared for that purpose, out of their own fault or who have been responsible for that purpose, whose employment has ended at a time before 5 August 1949 and who, at that time, had one of the service groups as defined in point I;
(b) persons who, on or after 1 March 1942, have entered into temporary service of the Land or of any of the self-employed communities referred to in (I) before the date of the transfer of sovereignty, and because of injury in and through the service; deficiencies have been or will have been dismissed;
III. 'survivor's relationship' means:
Relations of a deceased public servant, a former public servant, in the summer of a Dutchman who was after 1 March 1942 but before September 1945, or a war of war, during the period 8 December 1941 to 1 March 1942 deceased, and, at the time of death, one of the service associations as defined in I, one and another in so far as they are entitled to receive public benefits on the basis of that death and to the extent that they are Dutchman and as long as they are maintain this status unless Article 8 A apply to them, or dispensation has been granted as intended in Article 5 .
IV. 'redundancy conditions' means:
The redundancy conditions of the Agreement on the position of the Civil Public servants in connection with the transfer of sovereignty ( Stb. J-570).
V. 'normal pension' means:
the pension, which is obtained by the time of the achievement of a service period of 20 years and of a 50-year-old age, of a service period of 25 years and of a 55-year period, according to the conditions laid down by the State-responsible The pension scheme applicable to him in force on 5 August 1949 is classified in the pension group I, which is the same as the pension group II, as referred to therein.
VI. 'the Commission':
the competent committee, as referred to in Article 8 .
VII. "Our Minister":
Our Minister, in charge of the implementation of the Guarantor Civil Servants Indonesia.
VIII. 'Our Ministers' shall:
Our Minister, in charge of the implementation of the Guarantee Civil Servants Indonesia and Our Minister of Finance.
IX. 'Pension Foundation' means:
Foundation for the care and settlement of the pension rights of former Indonesia government personnel and their survivors.
1 Taking into account the provisions of the following paragraphs and in the following articles, the Empire guarantees to the public servants, who are Article 1 (I) to terminate, before or on 31 December 1959, the termination of the service, or from that service before or on 31 December 1959, other than on its own request, provided that this resignation is not due to its own fault, the satisfaction of all rights and claims which, on the basis of such termination, are subject to the arrangements in force on 5 August 1949, and, moreover, the effects, as defined by the conditions of the redundancy.
2 For the purposes of this Act:
a. The amount of € 79.41 's maends quoted in the Redundancy conditions under B at € 136.13' s month for cost winners and at € 102.10 ' s maands for non-breadwinners is due, and expires the stated requirement of at least 10 years;
(b) under the most recent activity-related activity competition referred to in the terms of point A and B, shall be understood as the activity remuneration, on which, according to the rules in force on 5 August 1949, the the time of termination of the service is legally entitled;
c. Grants granted in Indonesia on the basis of the redundancy terms and allowances granted in accordance with the rules in force on the spot, subject to the power of our Ministers to refrain from these schemes. neighbourhoods;
d. The waiting period shall end as referred to in the terms of the redundancy, no later than 31 December 1961.
3 As far as entitlement or entitlement to free passage to the Netherlands is not already in existence or is guaranteed by this law, the Kingdom of the Netherlands shall guarantee, subject to the conditions laid down in that law, that the provisions of that law are not already in existence or are guaranteed by that law. the following articles-to the public servants and their family members in connection with a termination of an in Article 1 (I) 'service', free transport to the Netherlands on reasonable terms, if that public service mission:
(a) at the time of termination of that employment, a salary of at least Rs 485 ' s and-for the decision of the Commission-have special interests in Europe within the meaning of Article 3, second paragraph of the Foreign Affairs Office; Leave of law 1937;
b. Do not comply with A (i) the conditions laid down, but-so as to enable the Commission to decide-to find in circumstances which are such that they can no longer reside in Indonesia, either as a result of or in connection with the exercise of of their function, either as a result of the resignation from that post following the impossibility of having become due to the exercise of their duties or in connection with the performance of their duties.
For the purposes of this paragraph, family members shall mean the members of a family as defined in Article 2 of the Royal Decree of 22 June 1916 ( Native State Sheet 1916, no. 605), as this ushered on 5 August 1949. In special cases, our Minister, in agreement with our Minister of Finance, may also be regarded as other persons as members of the family.
4 At the request of the person concerned, our Minister may decide that, in the cases where there is a right to free passage to the Netherlands, to be charged to the State, instead of the free transfer chargeable to the State by the State. is assigned.
1 With observance of the provisions of the following Articles, the Kingdom guarantees to the public servants whose Article 1 (I) It is intended to continue, after 31 December 1959, to continue with the satisfaction of all rights and claims which they are entitled to, as a result of the provisions of the Article 2 (1) If they had ended the service on 31 December 1959, on the understanding that as long as they have not effectively terminated their relationship with the Republic of Indonesia, they will not be able to apply to the service of cash benefits under this Act.
2 Without prejudice to the preceding paragraph, and subject to the provisions of the following Articles, the State shall guarantee the public servants referred to in that paragraph upon effective termination of service at a time after 31 December 1959 with the right to terminate In accordance with the rules in force in accordance with the rules in force at the time of the Republic of Indonesia, the satisfaction of the pensions and the pension under conditions of pension which, at that time, is to be taken into account in accordance with the rules of the the arrangements existing on 5 August 1949 would be entitled to or are to be claimed by reason of dismissal for Defective ziellae or body defects.
Subject to the provisions of the following Articles, the State shall guarantee to the former public servants the satisfaction of all rights and claims which they claim, on the basis of their dismissal, in accordance with the conditions laid down at the time of that resignation. provided that the guarantee for them, which were or will be made redundant on or after 5 August 1949, includes the satisfaction of all rights and claims, which they claim, on the basis of their dismissal, on the basis of their application, provide the arrangements in force on 5 August 1949.
Without prejudice to the obligation to grant and payment of widower's pensions and to orphans, to which the Kingdom of others has been held directly, the State shall guarantee the survivors, subject to and with due regard to the conditions of certain provisions of the following Articles, the satisfaction of all rights and claims, which, according to the arrangements in force at the time of the death, shall be provided, provided that the guarantee is given to the survivors of his or her relations, which after leaving August 1949 is, or will have died, the satisfaction of all rights and claims, which are to be sent to them by application of the arrangements in force on 5 August 1949.
1 Upon termination of service under the granting of a benefit under Article 2 or 2 A keeps the civil servant in fixed service for his widow and orphans right to a pension at the expense of the Pension Foundation on the basis of the rights and obligations attached to the compulsory part society in one of the Former Widows and Road Funds or of the former European Local Pension Fund, which is counted as of the date of such termination.
2 Where the revenue enjoyed by a public servant in fixed service matters ceases to be revenue permanently, from that date the provisions of the preceding paragraph shall apply only, if by the Pension Foundation of the the application for that purpose shall be received within six months of the receipt of such income or, if that period has already expired, in whole or in part, upon the date of entry into force of this Law, within six months of the date of entry into force of that law. enter into force In this case, the contributions he shall pay shall be calculated, subject to the following paragraphs, on the basis of the revenue enjoyed by the latter on the basis of that termination.
3 In the case referred to in the preceding paragraph, the provisions relating to the fulfilment of the contributions, the determination of the contribution to the basis of a fictitious pension, the cessation or cancellation of the participation of the part-society, as applied for the purpose of Voluntary participation in the former funds referred to in paragraph 1 shall apply mutatis mutandis.
4 The determination of the amount of the contributions due under this Article, the method of payment of the contributions and the provisions necessary for the implementation of the provisions of this Article shall be made by the Administrative Board of the Pension Foundation. No interest shall be payable on contributions due to the entry into force of this Law.
5 In cases where, in the field of widows 'and orphans' benefits, powers to derogate from those schemes or to the provision of a separate provision were reserved for the Crown or the Governor-General, these powers shall be exercised in respect of widows and orphans established outside the territory of the Republic of Indonesia by the Board of Governors of the Pension Foundation following the prior approval of Our Ministers of the Interior and of Finance.
In cases where, in the arrangements in force on 5 August 1949, power was reserved for the Crown or the Governor-General to take decisions or special provisions for completion or by way of derogation from those schemes. to be taken, shall be subject to these powers, subject to the provisions of Article 4 A , paragraph 5 , for the application of this law exercised by our Minister in accordance with our Minister of Finance.
1 For the purposes of applying this Law, it shall be assumed that, when the remuneration arrangements in force on 5 August 1949 are amended or repealed, they have remained in force unchanged.
2 In the case of a pension or a pension, if the basis of the basis thereof is taken into account for remuneration granted on the basis of remuneration applicable after 31 December 1948, does not have a duration allowance and a child allowance, unless the amount of that pension or the amount of that pension is less than the amount of a pension or a pension under way of a pension which would have been enjoyed, if the determination of the basis of assessment has been have been taken into account only with remuneration, granted on the basis of prior to 1 (b) existing remuneration schemes, plus the duration of the duration of the duration of the duration of the duration of the duration of the duration of the term of payment and the amount of the dependent child allowance, in which case the difference between the two amounts referred to is granted in the form of a duration of duration.
1 The benefits, to which the Empire is held under or under this Act, shall be determined and granted by or on behalf of Our Minister, subject to paragraph 4.
2 The benefits referred to in paragraph 1 shall be paid by the person concerned, in accordance with the rules in force on 5 August 1949, for his own pensions and at the rate of the provisions in force. Article 4a for widows 'pensions and orphans' uprises.
3 The nominal amounts of the maintenance under way of pension referred to in B of the conditions of redundancy, or of the permanent understand, of the amount of Article 12 of the Law of 21 December 1951 ( Stb. 592) , rounded up to the adjacent multiple of half a euro or half rupiah. The nominal amounts of other periodic benefits are rounded up to the adjacent multiple of one euro or one rupiah.
4 The periodic benefits paid to widows and orphans established outside the territory of the Republic of Indonesia, under or under the Article 4 The guarantee given by this law shall be subject to the instructions to be given by or on behalf of our Minister by the Board of Governors of the Pension Foundation, which shall be borne by that Foundation.
1 If a public servant or former public servant has rights or claims on the basis of the termination of service to the Republic of Indonesia, he may be required by Our Minister to carry out the necessary benefits in order to to make rights and claims.
2 In case of failure to comply with the obligation referred to in the preceding paragraph, nor shall the guarantees be granted by or because of the Republic of Indonesia on the basis of the service termination benefits, the guarantees shall be as set out by Our Minister. They shall be effected only if and until such time as the benefits granted or granted because of the Republic of Indonesia are less than the benefits which are either right or right under that law or under this law.
Our Minister may, in agreement with Our Ministers of Finance and Social Affairs and Public Health, be determined in special cases, that the guarantees under or under this Act will continue to apply in the event of change of nationality.
1 The nominal amount of the periodic benefits, to which the Empire is held by virtue of or under this Act, shall be payable:
a. in euro for the period of time, that the rightholder is located outside the territory of the Republic of Indonesia;
b. In Indonesian current over the period, that the rightholder is established within the territory of the Republic of Indonesia.
2 The validation of duration and child allowances granted on the benefits referred to in the preceding paragraph shall be made in the same currency as in which those benefits are payable.
3 The nominal amount of the short term allowance and bonus due under a short term, to which the Empire has been held under or under this Act, is paid out:
in Indonesian courant, or
or, if the person entitled to the right has settled outside the territory of the Republic of Indonesia, in euro, within one year of the end of the short-term relationship.
4 Reimbursement of transfer and transport costs, to which the State is held in accordance with or under this Act, shall take place in the Netherlands until the equivalent of the euro.
5 If the person concerned is established outside the Netherlands and outside the territory of the Republic of Indonesia, the payment of the payment of the payment referred to in this Article shall be made to an authorised representative in the Netherlands for that purpose.
6 In special cases, the provisions of this Article may be derogated from by our Minister in agreement with our Minister of Finance in favour of the person concerned.
1 A public servant or former public servant who, under or under this Law, enjoys a periodic benefit from the State, shall, as long as he has not reached the age required for normal pension, be obliged to:
1st. if he is given the opportunity to obtain, from that occasion, income from work in a country in which he is established, in a manner which may be regarded as appropriate in relation to his personality and circumstances to him. creating;
(2) A post or a post in the country in which he is established, which may reasonably be assigned to him in connection with his or her personality and circumstances, on the understanding that this obligation does not include: go into foreign government service.
3rd. to make any communication to our Minister without delay of any paid employment or of any business;
4th. of the income received and of any amendments thereto, to be made to our Minister in good time.
2 Where the person referred to in the preceding paragraph receives income from employment, as long as he has not reached the age required for normal pension, the benefit provided for in that paragraph shall be deducted from the monthly payment pension contributions, a reduction in the amount of a percentage of the proceeds of employment, equal to the percentage of the periodic benefit calculated on the basis of which that benefit is calculated, which is to be applied for the purposes of applying this Article as the proceeds of employment, do not take into account:
a. For unmarried persons a sum of € 22,69 ' s maands,
b. for married persons a sum of € 45,38 ' s maands,
the amounts for each minor child of the person concerned in family law, or stepchild, which is wholly dependent on the person concerned, shall be increased by € 11,34 ' s month.
(3) Our Minister may leave or depart from the provisions of Article 7, second paragraph, or depart from it if necessary, under the conditions laid down, to the extent that its application will lead to a lack of fairness in view of the fact that the starting point of providing guarantees of the Empire towards certain groups of government servants, former government servants and their survivors.
4 In the case of non-or non-compliance with the obligations referred to in paragraph 1, and if the income is given voluntarily or lost due to its own fault, without sufficient reason, the Commission may, either on the basis of or because of our Minister received request that the benefit of a time to be determined by it be wholly or partly suspended for a specified period of time, or permanently.
5 In the cases referred to in paragraph 4, our Minister may determine that, pending the decision of the Committee, the allowance shall be suspended in whole or in part.
6 The persons referred to in paragraph 1 may be covered by a system under which the waiting money, the watch for waiting or the off-balance shall be replaced, in whole or in part, by a purchase price. In this case, the period of service, valid for a pension, is also the time, which would be counted as such, if no purchasing arrangement was in place.
7 For the purpose of implementing this Article, our Minister may be given detailed instructions and instructions, either in general or in any particular case. In the case of non-compliance or non-compliance by the person concerned with these rules or instructions, the provisions of paragraphs 4 and 5 shall apply mutatis mutandis.
1 If a public servant or former public servant enjoys a periodic benefit from the Republic of Indonesia, he shall be empowered to refer the matter to the committee for the purposes of applying this law, with the request for a decision:
(a) whether he or she may refuse to accept or accept a post or a post on him or her; or
(b) whether or not he has correctly used an opportunity to obtain appropriate employment in the country in which he is established;
c. Whether or not he or she has acquired income from employment without sufficient reason or may be given price, or has been lost by his or her own fault.
2 Crafts or relations outside the country in which the person concerned is established do not need to be accepted.
3 The provisions of Article 7 (2) and (3) , a public servant or former public servant referred to in paragraph 1 shall apply mutatis mutandis.
1 We shall establish one or more committees, which, apart from the other powers and activities which are or will be or will be granted or will be conferred or assigned to it by virtue of this Law, shall have the task of applying this law:
a. at the request of the parties concerned-in connection with the provisions of Article 1 (II) (b) -to decide whether the dismissal was due to injury or defects obtained in and by the service;
b. at the request of the parties concerned-in connection with the provisions of Article 2 (1) -to decide whether the dismissal obtained is justified by its own fault;
(c) decide, at the request of the parties concerned, whether or not the extent to which account will be taken of any deterioration in the office or the grade and/or the grade after the transfer of the transfer of soups;
d. to decide, at the request of or because of our Minister, whether or not to what extent will be taken into account after any improvements in office or to the grade and/or rank of the public servant concerned entered after the transfer of soufaith;
e. in the absence of a resignation decision, at the request of those concerned, whether they are to be considered for the purposes of this Act as having obtained a dismissal other than on his own request.
2 The committee may decide, having been asked by or because of our Minister for the matter, that the guarantees under or under this Act are temporarily or permanently and partially or partially expiring if it considers that:
a. a dismissal, as intended in Article 1 (II) (b) , where injury or defects have been improperly obtained by the service and by the service;
b. a dismissal, as intended in Article 2 (1) , rightly, to be due to own fault;
c. a public servant before the termination of the in Article 1 (I) , has miscarried the service in such a way, that, if he had remained in service, he could have been dismissed on that ground;
d. a public servant, former public servant or survivor, has provided incorrect or incomplete information for the purpose of assessing the claim to the guarantees under or pursuant to this Law or for the granting and fixing of guarantees. of cash benefits under or under this Act.
3 The conditions of its decisions may be attached to the decisions of the committee.
4 The composition, place of employment, operation and, where necessary, the division of powers of committees are governed by general administrative action. In doing so, the task and powers of the committee may be extended within the framework of the objectives of this Act.
5 In the case of a general measure of management, provision should also be made for the possibility to appeal against decisions of the committee.
1 Without prejudice to paragraph 5 and subject to compliance with the provisions of paragraph 5, Articles 4c to 8 , guarantees the Kingdom of Indonesian nationals, former Dutch, who, if they had remained Dutch, would have belonged to the public servants referred to in the Treaty before or on 27 December 1954 before or on 27 December 1954. Article 1 (I) :
(a) where the employment referred to in that Article is or is terminated by the right to a pension or a pension entitlement by way of a pension under the arrangements in force in the Republic of Indonesia, the satisfaction of the pensions and in retirement, at the time of termination of service, according to the rules existing on 5 August 1949, entitlement or entitlement to dismissal because of its proven presence or body defects;
(b) if, prior to the date of entitlement to a pension or a pension under way of pension under the arrangements in force in respect of the Republic of Indonesia, they shall be taken out of them if they are Article 1 (I) intended to be made redundant, provided that such dismissal, by decision of the commission, is otherwise than on its own request and is not attributable to its own fault or to the fulfilment of its obligations, the satisfaction of the rights and claims as defined in Article 2 (1) , with the exception of the right to free crossing to the Netherlands.
2 To Indonesian nationals, former Dutch, who, they were Dutch, would have belonged to the former public servants referred to in the Treaty. Article 1 (II) , guarantees the Kingdom of the satisfaction of all rights and claims which, under the terms of the provisions of the Treaty, are Article 3 If they were Dutch, they would have been granted, with the exception of the right to free passage to the Netherlands.
3 To the widow and orphans of a deceased Indonesian citizen as referred to in paragraphs 1 and 2, the Kingdom shall guarantee the satisfaction of all rights and claims which they claim pursuant to that death pursuant to the provisions of the Article 4 If the deceased Dutchman remained true, with the exception of the right to free passage to the Netherlands.
4 In special cases, by decision of the committee, the persons referred to in the preceding paragraphs, who, were they Dutch nationals, may, either under or under this law, have the right to free passage to the Netherlands, free of transport to the Netherlands, The Netherlands shall be granted on reasonable terms.
5 The Indonesian citizens, who enjoy guarantees under the provisions of the paragraph 2 of Article 8a As that stated under the Law of 21 December 1951 ( Stb. 591), these guarantees, except that the Articles 4a to 8 apply mutatis mutandis.
In cases where this law or the redundancy conditions are not or are not provided for fairness, we may, on the proposal of Our Ministers for the benefit of the public servants, appoint public servants and leave relations to the public. guarantees of the Empire are established.
The guarantees do not cover the entitlement to child allowance for children, who are entitled to child benefit under the General Child by-entry law , the Child Allowances Act for wage earners, or the general measure of directors intended in Article 10 of the latter law, while the child allowance for those children for the calculation of Second paragraph of Article 4 C intended to be left out of the duration of the duration of the duration.
1 By means of a proposal from Our Ministers, the guarantees may be granted by us as provided in the preceding Articles of this Law, to be adopted for the benefit of other Dutch persons, other than those mentioned in Article 1 (I) or (II) , in special cases for the benefit of non-Dutch people, insofar as they have a function or have held a position, situated in the public sphere of Indonesia.
2 The conditions laid down in the preceding paragraph may be fixed by our conditions.
Unless otherwise expressly provided by or under this Law, the decisions to be taken in implementation of this Act shall be taken by Our Minister.
This law shall enter into force with effect from the day following that of its proclamation. It may be referred to as 'Guarantor Civil Servants Indonesia'.
Burdens and orders, which are in the State Sheet will be placed and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise implementation.
Given at Paleize Soestdijk, 11 May 1950
The Prime Minister,
The Minister for Union Affairs and Overseas Rijkssharing,
J. H. VAN MAARSEVEEN.
The Minister Without Portfolio,
The Minister of Finance,
The Minister for Social Affairs,
A. M. JOEKES.Issued the second June 1950.
The Minister of Justice, a.i.,
J. H. VAN MAARSEVEEN.