Mochtar Kusumaatmadja (17 February 1929 – 6 June 2021) was an Indonesian diplomat and politician. He was Indonesia's minister of justice from 1974 until 1978 and foreign minister from 1978 until 1988.
Early life and education
Kusumaatmadja was born on 17 February 1929 in Batavia, (now
Jakarta
Jakarta (; , bew, Jakarte), officially the Special Capital Region of Jakarta ( id, Daerah Khusus Ibukota Jakarta) is the capital and largest city of Indonesia. Lying on the northwest coast of Java, the world's most populous island, Jakarta ...
). Kusumaatmadja joined the Union of Youth Students in Indonesia after independence in 1945 and fought in the
Indonesian National Revolution
The Indonesian National Revolution, or the Indonesian War of Independence, was an armed conflict and diplomatic struggle between the Republic of Indonesia and the Dutch Empire and an internal social revolution during Aftermath of WWII, postw ...
as a member of the Student Army and the People's Security Army. After the revolution ended, Kusumaatmadja attended the Law Faculty of the
University of Indonesia
The University of Indonesia ( id, Universitas Indonesia, abbreviated as UI) is a public university in Depok, West Java and Salemba, Jakarta, Indonesia. It is one of the oldest tertiary-level educational institutions in Indonesia (known as the Dut ...
and pursued a
double degree
A double degree program, sometimes called a dual degree, combined degree, conjoint degree, joint degree or double graduation program, involves a student's working for two university degrees in parallel—either at the same institution or at diffe ...
program from the
Yale Law School
Yale Law School (Yale Law or YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by ''U ...
. He graduated in 1955 with an undergraduate degree from the University of Indonesia and a
Master of Laws
A Master of Laws (M.L. or LL.M.; Latin: ' or ') is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In mos ...
degree from Yale Law School. He attended further university education at
Padjadjaran University
Padjadjaran University id, Universitas Padjajaran, abbreviated as UNPAD) is a public university located in Sumedang Regency and Bandung, which is the provincial capital of West Java, Indonesia. It was established on September 11, 1957.
UNPAD has ...
and obtained a doctorate in 1962.
According to Ronald and June Katz, Kusumaatmadja's study in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
widened his interpretation of the Indonesian law system, which was influenced by the Dutch legal system during the
colonial era. One particular idea was the concept of law as a tool of social engineering by
Roscoe Pound
Nathan Roscoe Pound (October 27, 1870 – June 30, 1964) was an American legal scholar and educator. He served as Dean of the University of Nebraska College of Law from 1903 to 1911 and Dean of Harvard Law School from 1916 to 1936. He was a membe ...
. The concept was altered by Kusumaatmadja to fit in the Indonesian legal environment and became a recurring theme in his writings. However, the concept contradicted the government's view on law, and Kusumaatmadja was forced to reside overseas.
Academic career
Kusumaatmadja worked briefly at
Bank Indonesia
Bank Indonesia (BI) is the central bank of the Republic of Indonesia. It replaced in 1953 the Bank of Java ( nl, De Javasche Bank, DJB), which had been created in 1828 to serve the financial needs of the Dutch East Indies.
History
Bank of Ja ...
's Foreign Exchange Institute before becoming a lecturer at
Padjadjaran University
Padjadjaran University id, Universitas Padjajaran, abbreviated as UNPAD) is a public university located in Sumedang Regency and Bandung, which is the provincial capital of West Java, Indonesia. It was established on September 11, 1957.
UNPAD has ...
. He taught international law in the university, with a specialty in the field of the
law of the sea. He also taught in other academic institutions, including the
University of Indonesia
The University of Indonesia ( id, Universitas Indonesia, abbreviated as UI) is a public university in Depok, West Java and Salemba, Jakarta, Indonesia. It is one of the oldest tertiary-level educational institutions in Indonesia (known as the Dut ...
and the
Indonesian Army Command and General Staff College
The Indonesian Army Command and General Staff College ( id, Sekolah Staf dan Komando Angkatan Darat, ) in Bandung, West Java, is a prominent graduate school for Indonesian Army and sister-service Officer (military), officers, inter-agency represe ...
. Although he had already been made a professor by the time he obtained a doctorate, the professorship was not made official until 1966 due to the aforementioned conflict with the government.
Aside from his job as a lecturer, Kusumaatmadja acted for the defense in several legal cases. Two notable cases he handled in the 1960s were the Bremen Tobacco case and the
MacDonald House bombing
The MacDonald House bombing was a sabotage attack on the MacDonald House building in Orchard Road, Singapore, on 10 March 1965, just a few months before Singapore's expulsion from Malaysia. The nitroglycerin bomb was planted by Indonesian sab ...
incident. He also became the conceptor for various statutes such as the law on Indonesia's waters and the country's doctrine regarding the
continental shelf
A continental shelf is a portion of a continent that is submerged under an area of relatively shallow water, known as a shelf sea. Much of these shelves were exposed by drops in sea level during glacial periods. The shelf surrounding an island ...
. The latter was produced after his tenure as the chief law-of-the-sea negotiator for Indonesia.
After the end of
Sukarno
Sukarno). (; born Koesno Sosrodihardjo, ; 6 June 1901 – 21 June 1970) was an Indonesian statesman, orator, revolutionary, and nationalist who was the first president of Indonesia, serving from 1945 to 1967.
Sukarno was the leader of ...
's rule and the beginning of
Suharto
Suharto (; ; 8 June 1921 – 27 January 2008) was an Indonesian army officer and politician, who served as the second and the longest serving president of Indonesia. Widely regarded as a military dictator by international observers, Suharto ...
's rule in Indonesia, Kusumaatmadja was tasked to reform the law education curriculum in Indonesia. The new curriculum, which was introduced in 1972, gave more degrees of freedom to law students. Kusumaatmadja himself hoped that the curriculum could produce lawyers that improve the legal system of Indonesia instead of accepting it as it is. Inside his own university, Kusumaatmadja established a research institute for the law faculty. Several works that the institute has produced was the criteria of a "minimum law library" for law schools all over Indonesia to support the newly introduced curriculum and inventorying cases from the West Java Supreme Court that would later be used for case study and legal review.
Minister of Justice
Kusumaatmadja was made Minister of Justice in a reshuffle of the
Second Development Cabinet
The Second Development Cabinet ( id, Kabinet Pembangunan II)Decree of the President of the Republic of Indonesia Number 9 of 1973 dated March 28, 1973. is the name of the cabinet of the Indonesian government led by President Soeharto and Vice P ...
on 22 January 1974. One of his first actions was reviving the Institute of National Law Reform. Previously, the institute was largely dormant and had little to no operational budget. Kusumaatmadja renamed the institute, increased the amount of budget allocated from the institute, and altered the organizational structure. The re-organization, in particular, sought to bring legal academics closer to the lawmaking and law reform processes.
The revival of the Institute of National Law Reform managed to bear fruit in the form of an increase in legal research, workshops, and meetings in Indonesia. A workshop to coordinate legal research was held in September 1974, while a workshop aimed to document and index legal information was held in December 1974. Another significant result was in the form of agreed-upon legal terms, which Kusumaatmadja described as important to make the legal language "uniform, usable, and understandable to the people".
Minister of Foreign Affairs
After serving as Minister of Justice for about four years, Kusumaatmadja was appointed Minister of Foreign Affairs in the
Third Development Cabinet
The Third Development Cabinet ( id, Kabinet Pembangunan III) was the Indonesian Cabinet which served under President Suharto and Vice President Adam Malik. The Cabinet was formed after Suharto was elected to a third term as president by the Peopl ...
in 1978. He was re-appointed Foreign Minister in the
next cabinet for the period 1983-1988, thus serving a total of ten years as foreign minister. During his period in office, Kusumaatmadja promoted the concept of "
archipelagic state
An archipelagic state is an island country that consists of an archipelago. The designation is legally defined by the United Nations Convention on the Law of the Sea (UNCLOS). In various conferences, The Bahamas, Fiji, Indonesia, Papua New Guine ...
" to describe Indonesia. The concept was later recognized by the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
through the
United Nations Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. , 167 c ...
in 1982.
Aside from the archipelago state, one of his hallmarks as foreign minister was his support for cultural diplomacy, a concept aimed at improving Indonesia's image overseas. Nevertheless, his concept failed to emphasize proprietary issues that were rampant at that time. His focus instead was to present Indonesia as a civil country and dismiss its image as a militaristic and cronyistic country. The concept was promoted in various ways, such as the First International
Gamelan
Gamelan () ( jv, ꦒꦩꦼꦭꦤ꧀, su, ᮌᮙᮨᮜᮔ᮪, ban, ᬕᬫᭂᬮᬦ᭄) is the traditional ensemble music of the Javanese, Sundanese, and Balinese peoples of Indonesia, made up predominantly of percussive instruments. T ...
Festival which was held in conjunction with the
Expo 86
The 1986 World Exposition on Transportation and Communication, or simply Expo 86, was a World's Fair held in Vancouver, British Columbia, Canada from May 2 until October 13, 1986. The fair, the theme of which was "Transportation and Communicatio ...
in
Vancouver
Vancouver ( ) is a major city in western Canada, located in the Lower Mainland region of British Columbia. As the List of cities in British Columbia, most populous city in the province, the 2021 Canadian census recorded 662,248 people in the ...
. However, other efforts to promote this concept, such as the exhibition of the
Asmat tribe
The Asmat are an ethnic group of New Guinea, residing in the province of South Papua, Indonesia. The Asmat inhabit a region on the island's southwestern coast bordering the Arafura Sea, with lands totaling approximately 18,000 km2 (7,336&nb ...
art in
London
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
and a dance performance by the
Mangkunegaran
The Duchy of Mangkunegaran ( id, Kadipaten Mangkunegaran) is a small Javanese princely state located within the region of Surakarta in Indonesia.
It was established in 1757 by Raden Mas Said, when he submitted his army to Pakubuwono III in Fe ...
troupe in the same city, were less successful. The former, in particular, was criticized due to the disrespectful treatment by Indonesian academics to the Asmat culture in the exhibition.
Death
Kusumaatmadja died on the morning of 6 June 2021. He was buried on the same day at the
Kalibata Heroes Cemetery
The National Main Heroes Cemetery in Kalibata ( id, Taman Makam Pahlawan Nasional Utama, Kalibata, colloquially known as Kalibata Heroes Cemetery ( id, Taman Makam Pahlawan Kalibata, or ''TMP Kalibata'') is a military cemetery in Kalibata, South ...
.
Following his death, former state secretary
Yusril Ihza Mahendra
Yusril Ihza Mahendra (born 5 February 1956) is an Indonesian lawyer, politician and academic, who is currently serving as the leader of the Crescent Star Party (PBB) since 2015. Previously, he served as the leader of the PBB from 1998 until 2005 ...
proposed Kusumaatmadja be made a
national hero
The title of Hero is presented by various governments in recognition of acts of self-sacrifice to the state, and great achievements in combat or labor. It is originally a Soviet-type honor, and is continued by several nations including Belarus, Ru ...
.
References
Bibliography
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{{DEFAULTSORT:Kusumaatmadja, Mochtar
1929 births
2021 deaths
Foreign ministers of Indonesia
Indonesian diplomats
People from Batavia, Dutch East Indies
Sundanese people
University of Indonesia alumni
Ministers of law and human rights of Indonesia