AUTHORITY OF STATE INSTITUTIONS IN ESTABLISHING LAWS UNDER THE CONSTITUTION OF THE DEMOCRATIC REPUBL

AUTHORITY OF STATE INSTITUTIONS IN ESTABLISHING LAWS UNDER THE CONSTITUTION OF THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE

Author: Dr. Lourenco de Deus Mau Lulo, L.Dir., MD. Email:enco681@yahoo.com/lourencodedeusmaululo@gmail.com

Faculty of Law Peace University of Timor-Leste (UNPAZ)

Abstract

This dissertation deals with the authority of state institutions in the formulation of laws under the Constitution of the Democratic Republic of Timor-Leste (RDTL). Philosophically, the opening of the Constitution of the RDTL is a constitutional basis containing the aspirations of the nation of Timor-Leste in which the ideals of the rule of law are to ensure legal certainty, legal justice, and shared utility in order to provide protection for human rights, as well as giving authority to the legislative, executive and judicial bodies. In relation to the division of authority of state institutions in the 2002 Constitution of RDTL, there have been many interpretations, because the phrase "must be based on the principle of separation of powers, and" interdependence "that leads to the separation and sharing of power. The lack of clarity in the regulation of the authority of state institutions in the provisions of the RDTL Constitution impacts on multi-interpretation, and overlapping authority, resulting in inefficient and effective governance. The research for the writing of this dissertation, in its analysis using three (3) layers of legal science that is legal philosophy, legal theory and legal dogmatic, so that in its revelation seen the aspect of law philosophy, legal theory aspect, and aspect of dogmatic law science.

The problems studied in this research are: The philosophical basis of the delegation of the authority of state institutions in the formation of laws based on the RDTL Constitution; The division of authority of state institutions in the formation of legislation between the National Parliament and the Government; and the enforcement of the proposed draft law from the Government can not be used more than once and does not apply when the Government is dismissed.

The research method used in the research and writing of this dissertation is normative law research method, and the approach used is the approach of legislation, historical approach, and comparative approach. The legal substances used in the research and writing of this dissertation consist of primary legal materials, secondary law materials and tertiary legal materials.

The results of this study, can be summarized as follows:

1. The philosophical consideration of the division of authority of state institutions, in the Constitution of the Democratic Republic of Timor-Leste, is to avoid the accumulation of authority in any of the state institutions, which may lead to acts of abuse of power. Whereas the State of the Democratic Republic of Timor-Leste (NRDTL) is a state of law, it is necessary to be clearly regulated in order to obtain, exercise its powers and limits, in order to be accountable under the laws and regulations, and in addition to the control of one state institution to ensure the system of checks and balances.

2. Basic consideration of the Constituent Assembly of 2002 permitting the Government to establish laws are:

1. The National Parliament does not have sufficient time to think through the issues in detail, because the procedures of the National Parliament's Code are too complicated, while the needs of the community are urgent to be regulated.
2. The government has more professional human resources in the field of legislation, so the Government is better prepared to make regulations to respond to community needs.
3. Provide an opportunity for the Government to form a draft law in accordance with the vision and mission of its government.

3. The enforcement of the proposed draft law on legislative permits depends on:

1. The term of office of the legislature, meaning when traveling; The President of the Republic dissolved the National Parliament, then the proposed draft law can not be extended and
2. The term of office of the Government, that is, when in the course of government; The President of the Republic dissolved the Government and dismissed the Prime Minister, so the proposed draft legislation permit law could not proceed.
3. Where the draft law on legislative permits submitted by the Government is rejected twice by a row by the National Parliament.

Keywords: Authority, State Institution, Act.

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