EXERCISE OF GOVERNMENT AUTHORITY IN FORMATION OF LAWS IN TIMOR-LESTE

EXERCISE OF GOVERNMENT AUTHORITY IN FORMATION OF LAWS IN 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

The Democratic Republic of Timor Leste is a democratic, sovereign, independent and united State, based on the power of law, the will of the people and respect for human dignity. In the implementation of democratic government, the power of state institutions is not only vested in one institution, but is exercised by several state agencies or institutions. The aim of dividing power in the administration of state power is so that power is not centralized in one state institution, which can result in authoritarian government and hampered people's participation in determining political decisions.

With the division of power in state administration as one of the characteristics of a democratic state, there are several bodies administering state power such as the legislative, executive, judiciary and others. In general, countries that implement a power distribution system refer to the "trias politica" theory by carrying out several variations and developments of this theory in their application.

The problem is, are the Timor-Leste State Institutions, in administering their government, in accordance with the Trias Politics Theory?

The formation of the state was based on the trias politica theory, regarding the principle of separating state power into several bodies or institutions as explained above. However, in the Timor Leste constitution regarding State sovereignty institutions is regulated in article 67 and the principle of separation of powers is regulated in article 69 of the constitution, furthermore in the implementation of the implementation of State government power in terms of the formation of laws there are two institutions, each of which has attribution of authority, both legislative and executive authority on a Constitutional (Normative) basis. However, theoretically, on what basis does the government or executive have attributional authority in forming laws? And what content material is the authority of the government? On the basis of this question, it is necessary to study more deeply the authority of State institutions in forming laws in the State of Timor-Leste.

The method used in analyzing the implementation of government authority in the formation of laws, the author uses the Normative method to justify the norms relating to the authority of State institutions in the formation of laws in Timor-Leste. And for the analysis technique, the author uses perspective analysis.

In this theoretical basis, several theories, concepts and general principles as well as the views of scholars can be put forward which are used as references for clarification and as a basis for scientific justification.

The basic idea of ??the division of power is to save the country from arbitrary actions by the authorities. The birth of this idea cannot be separated from the practice of absolute state administration under a ruler to the detriment of the people of a country. So state administration needs to be distributed among several different organs with different people. In this division of power, there can be cooperation between one organ of power and another organ of power in carrying out the functions of power in a country. So there is a basis for cooperation in administering government. To avoid abuse of authority and exercise control between the organs of the respective State institutions (checking and whitening).

Based on the authority in forming laws in the RDTL State, this matter is handled by two State institutions, but theoretically and normatively, the authority to form laws is the authority of the Legislative institution, while the authority of the executive institution plays a role in implementing the law, however In the RDTL constitution it is different, in fact the authority in forming laws tends to be given to the Executive. Therefore, it creates confusion among the public regarding the authority of these two institutions in forming laws.

In order to exercise state power, it must be regulated by legal norms, which form the state system. The system must provide guarantees so that all parties involved in the state, both state institutions and interest groups in society, can exercise control over the running of the state government administration system in question.

The Constitution of the Democratic Republic of Timor-Leste is a state framework that is considered ideal for a nation as stated in article 2 paragraph (2), this lays the foundations of the state system and at the same time regulates the mechanism for its implementation. Of course, the constitution cannot possibly regulate everything. The details of these basics can be further regulated in lower regulations such as laws or government regulations that regulate government administration which grow, are accepted and maintained in the practice of state government administration.

Key: Exercise of Government Authority In Formation of Laws In Timor-Leste

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