THE EXISTENCE OF PNTL IN SUPPORTING THE IMPLEMENTATION OF THE STATE GOVERNMENT BASED ON THE CONSTITU

THE EXISTENCE OF PNTL IN SUPPORTING THE IMPLEMENTATION OF THE STATE GOVERNMENT BASED ON THE CONSTITUTION OF THE REPUBLIC DEMOCRATIC OF TIMOR-LESTE OF 2002

Domingos Ximenes Da Costa 

Email:ximenesd157@gmail.com

Dr Guido Goncalves Moniz, Lic.Dir.,M.Hum

Email;moisguido14696@gmail.com

Dr Reinaldo Francisco Luis, Lic,Dir,M,D

Email:uchela123@gmail.com

Abstract

The position of the National Police of Timor-Leste as an institution supporting the administration of the State government was under the government's purview and it is known that the government was formed from the political party with the most votes in the elections, as a result, the PNTL in discharging their duties and functions as agents of the law is not loyal to the state, but loyal only to the elected government. Thus, in order to position the PNTL as a truly loyal body to the State, the PNTL position must be under the authority of the President of the RDTL so that in the future the PNTL will no longer be under the authority of the government, so that in the exercise of its functions , functions and authorities is taken over by the President of the RDTL, however, to bring the PNTL under the same roof as the F-FDTL (one command), it is necessary to make some changes to the constitution and other laws and to establish new laws and regulations.

Keywords: existence, PNTL, supporters of governance.

INTRODUCTION

The administration of the state government of the Democratic Republic of Timor-Leste (RDTL) is generally carried out by state institutions as stipulated in article 67 of the RDTL 2002 constitution and assisted by auxiliary institutions whose authority is not regulated by the RDTL 2002 constitution. Related to auxiliary institutions to the administration of the State government, one of which is the National Police of Timor-Leste, mandated by article 147 of the RDTL Constitution of 2002, stating that; (1) The police defend democratic legality and guarantee the internal security of all citizens and are non-partisan. (2) Crime prevention must be implemented with respect for human rights. (3) The law stipulates the regime for the police and other security forces. Based on the substance of the previous article, the word “guarantee” (guarantee) indicates all or all of the meaning, or use of force, the National Police of Timor-Leste (PNTL) is obliged to assist and support the general administration by creating order , security and comfort for the institution - State and community institutions. First, legal issues; Legally, it reflects on article 147 of the 2002 RDTL Constitution, with regard to the substance of the word "police" which contains a general meaning and is not made explicit in relation to the National Police of Timor-Leste, which gives rise to various interpretations, to avoid multiple interpretations the government has established a ministerial defense law and security (MDS) nº 32 of article 43 of 2008 regarding the translation of the word police for the PNTL. However, the real problem lies in the position (existence of the PNTL) in the administrative structure of the RDTL, since as an auxiliary body (supporting the administration of the state government) it does not constitutionally stipulate that its position be subordinate to the executive body, if in substance PNTL is an independent institution as stated in Article 147 of the RDTL Constitution of 2002. Regarding the structural (hierarchical) position of the PNTL or the existence of a normative vacuum, this means that Article 147 of the RDTL Constitution of 2002 does not regulate The institution has control over the PNTL, related to the position of F-FDTL (Falintil-Forca Defesa Timor-Leste), East, hierarchically under the authority of the President of RDTL in paragraph 2 of article 74 of the RDTL Constitution of 2002. Both are sociological issues, as an institution of the PNTL it has the authority to enforce the law and order of the State, but what happens otherwise is that in the fulfillment of its duties and functions it is not in accordance with the mandate of article 147 numbers. 1 of the RDTL Constitution of 2002 and article 1 number 1 of internal regulation number. 9 of 2009 and, consequently, the position of the PNTL under the (government), although the elected government is of a political party that controls seats in the National Parliament is regulated in articles 103 and 106 of the RDTL 2002 constitution. Third, political issues; from the two questions above, the position The PNTL is a forum to ensure overall government implementation, but government implementation is often interrupted by the change of PNTL commissioners through general elections proposed by political parties controlling seats in the national parliament and governing the government. Related to this is a problem because if a PNTL commissioner is elected it could have implications for law enforcement in general. Fourth, theoretical issues. With regard to law enforcement by the PNTL, I borrow the opinion of Satjipto Raharjo that; the police are an instrument of the State charged with maintaining security and public order, providing shelter and protection to the community. When it comes to the police as an instrument of the state, they must be loyal to the state, not the government. With the following problems: How is the existence of the PNTL in supporting the administration of the state government based on the RDTL constitution of 2002? The type of normative legal research is legal research that is carried out on the basis of norms and rules and laws and regulations, statutory approaches and conceptual approaches. Primary Legal Materials Secondary Legal Materials Tertiary Legal Materials. Collection of necessary written legal materials obtained by conducting a literature study. Descriptive analysis technique.

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