Elaboration of the national legislation of the democratic republic of timor-leste based on the legal ideal in the constitution of 2002

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International Journal of Development Research

Volume: 
12
Article ID: 
23826
6 pages
Research Article

Elaboration of the national legislation of the democratic republic of timor-leste based on the legal ideal in the constitution of 2002

Leonito Ribeiro

Abstract: 

“Elaboration of the National Legislation of the Democratic Republic of Timor-Leste (RDTL = Republica Democratica Timor Leste) based on the ideals of law in the 2002 Constitution”. From the perspective of legal science, this dissertation research includes some legal science aspects in a broad sense, namely legal philosophy aspect, legal theory aspect, and dogmatic legal science. The ideals of law(rechtsidee) of the RDTL state is reflected in the hope of the nation as stated in the state's goals, so that in carrying out all aspects of development always uphold the values of justice and legal certainty. The implementation of development in all aspects and the government administration of the RDTL state must always be based on the idea of a democratic state based on the rule of law. Relying on the Stufenbau theory from Hans Kelsen, the highest norm is the Basic norm is a habit that is carried out every day by the community, therefore in Timor-Leste there is Uma Lulik (Casa Sagrada = Sacred House) who has very deep philosophical values starting the process of finding a place, the process of elaboration until the roofing and inauguration is full of rituals. Uma-Lulik's philosophy can be studied from four perspectives, namely, philosophical, sociological, juridical and etymological perspectives. Etymologically Uma means House and Lulik means Holy/Holy/Sacred. Thus, Uma Lulik literally means "Holy/Sacred House". With Uma Lulik, every citizen of the Democratic Republic of Timor-Leste can know their social status, whether they are of noble descent or not. “The Uma-Lulik philosophy can be seen as a sublime agreement that unites all ethnic ties into one plural nation in the principle of unity, every human from Timor-Leste, from the western of Oecusse to the eastern of Tutuala, must have Uma Lulik. Uma Lulik is a philosophical symbol of the general unity and relationship between humans, humans with nature and humans with their ancestors, which has been maintained since ancestors until now." For the people of Timor-Leste, if someone who does not have Uma Lulik will be categorized as an immigrant (lemorai, laorai) and a person who has no roots, or does not have a clear lineage (origin), the Uma-Lulik philosophy is also perceived as a place of worship to ancestors from their descendants, then the concept of Uma-Lulik can be understood as a symbol which having essential and universal elements, namely 1). Elements of Religion (the relationship of human with God), 2) Elements of noble agreement, 3) Elements of Unity and fraternity, 4) Elements of humanity, 5) Elements of Environmental Harmonization (Human Relations with nature), 6) Elements of customs, 7) Elements of deliberation and consensus and democracy, 8) mutual assistance/welfare, and welfare. For the people of Timor-Leste, if someone who does not have Uma Lulik will be categorized as an immigrant (lemorai, laorai) and a person who has no roots, or does not have a clear lineage (origin), the Uma-Lulik philosophy is also perceived as a place of worship to the ancestors of their descendants. Therefore, in the future, the elements of the Uma Lulik concept need a more in-depth study so that this concept can be used as a basis for implementing development in all aspects of the Democratic Republic of Timor-Leste, because it has the philosophy of the nation. In developing the legal system of the State of the Democratic Republic of Timor-Leste, Uma Lulik's philosophy can be used as a ground norm as well as a legal ideal because it can be used as a basis, source and guideline in the rule of laws of the Democratic Republic of Timor-Leste.

DOI: 
https://doi.org/10.37118/ijdr.23826.01.2022
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