Establishment of National Legislation of the State of the Democratic Republic of Timor-Leste in Accordance with the Legal Ideals in the Constitution of 2002

Abstract

The writing of this Dissertation, examines the "Establishment of National Legislation of the State of the Democratic Republic of Timor-Leste in accordance with the Legal Ideals in the Constitution of 2002". Which outlines the issues of statehood in the State of Timor-Leste, The establishment of legislation is essentially aimed at realizing legal certainty and justice in accordance with the legal mind (rechtsidee). The legal ideal as stated in the opening of the RDTL constitution in 2002. The establishment of the RDTL State Legislation is derived from the provisions of Article 1 paragraph (1) and Article 2 paragraph (2) of the RDTL Constitution of 2002. It explicitly states that Timor-Leste is a State of Law and Democracy, thus resolving legal issues by ensuring legal certainty to the public. And produce views / thoughts in order to produce laws that guarantee legal certainty. In Timor-Leste there is no hierarchy of legal norms, so there is a conflict of norms vertically and horizontal, besides not yet a philosophy of the nation that can be used as a source of all legal sources, and also the absence of a National Legislative Body to produce a good and responsive legislation. There are formulated three There are formulated three main formulations of the problem, namely: (1) The Essence of the Establishment of National Legislation of the Democratic Republic of Timor-Leste related to the Legal Mind in the Constitution of 2002. (2) Establishment of National Legislation of the State of the Democratic Republic of Timor-Leste related to the Ideal of Law. (3) Criteria of Laws and Regulations under the Responsive Act. Of the three problems presented, the general objective to be achieved is to study and understand analyzing the Establishment of National Legislation of the Democratic Republic of Timor-Leste from the philosophical and philosophical perspective of the Timor-Leste nation, which is in accordance with theoretical conceptual thinking based on the 2002 Constitution, and to analyze the Criteria of Legislation / Regulations under a responsive Law. This research includes a type of normative legal research, with a statutory approach, a conceptual approach, a comparative approach and a historical approach. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. This research yielded several conclusions, namely, the Essence of the Establishment of National Legislature in Timor-Leste related to the Legal Mind (recht idee) then can use the Philosophy of Uma Lulik, as a basic norm (Groundnorm) and legal ideal, can be used as a basis, source and guideline or philosophy of Uma Lulik as the source of all legal sources, must be spelled out in the laws and regulations of the State of the Democratic Republic of Timor-Leste. The two Timor-Leste do not yet have Hierarchy of Legal Norms which so there is still a conflict of norms both vertical and horizontal, thus the need for a Hierarchy of Legal Norms to avoid legal disputes. The three good laws and regulations are laws and regulations whose contents meet the expectations of the affected communities with laws and regulations that ensure legal certainty and justice, the need for the role of the National Legislation Agency in Timor-Leste, fourth, using ROCCIPI approach in designing a law.

Keywords: Legislation, The Mind of the Law, philosophy of the nation.

DOI: 10.7176/JLPG/118-10

Publication date: February 28^th 2022