Access to formal state of justice in Timor-Leste is one of the major problems as a logical conseq... more Access to formal state of justice in Timor-Leste is one of the major problems as a logical consequence of a process of building a new state like Timor-Leste. We have seen that Timor-Leste at the time of its restoration of Independence has been facing a lack of its qualified human resources in the area of justice. The public questions a lot the process of justice in the courts in respecting human rights especially in relation to the time limit of the trial, the preventive detention that exceeds the time without a fixed date for the trial, the problem of evidence, the trial of minors, torture and homicide in preventive detention, the problem of the use of the Portuguese language in court and there are many cases pending in court. Even so, the state seeks to make a lot of effort so that justice can be accessible to all citizens through the judicial reform that this government makes and the formation of judges, public defenders, prosecutors, judicial officers and mobile courts. Timorese leaders seek to establish Timor-Leste as a state of law where state positive law regulates the entire life of the state and the people. One of the indications of a rule of law is the guarantee of access to justice to assert and protect human rights of the timorese people. We have seen that in Timor-Leste, not only does the state justice system exist, but also the state of Timor-Leste values and promotes the use of the traditional justice system, especially in rural communities, as a quick and accessible solution in the search for the solution and resolution of the conflict. Therefore, we can consider that the state of Timor-Leste seeks to establish the state and traditional mechanism to help every citizen in accessing justice.
Democracy comes from the Greek word's demos and kratos. Demos means people and kratos means power... more Democracy comes from the Greek word's demos and kratos. Demos means people and kratos means power. Therefore, democracy means power is in the hands of the people. Power comes from the people and the people as the holder of power. Even though the word democracy is a foreign word in Timor-Leste that originates from Latin, but in practice, the Timorese have practiced democracy for most of their lives since the times of the ancestors. Since the rule of the clan, the village, the suco and even the kingdom usually happened with the consent of its people. The people delegated power to the data; the nobles; and then these data were to choose a village chief, a suco chief, and even a liurai (king, ruler) of a kingdom. Even family and community matters, decisions were made through a consensus, a dialogue called nahe biti boot. This reality shows that the Timorese have practiced democracy since ancient times where power is not only in the hands of one person but in the hands of a set of important people in that system itself known as an aristocratic republic. Democracy today also happens in the same way. The people delegate their power to the village chiefs, suco chiefs, the members of the national parliament (hence forming the government) and the president of the republic through votes; of the election. This means that the votes of the people are extremely important in determining the life of a so-called democratic state like Timor-Leste. Democracy must coexist in harmony with the state legal system, that is, democracy must be regularized through state legal norms. Nothing is absolutely free in the world because freedom without responsibility can make it debauchery as long as there are no state legal norms to regulate. Today's modern state must be a democratic state of law, the state that recognizes the power of the people, that is, the state that recognizes that the people as the holder of power, and this democratic state must be regulated through state legal norms, and these state legal norms must recognize that state power resides in the people and in the name of the people, because the people as the sole holder of power. This article aims to deal with the power of voting in relation to democracy where we can see that in a democratic state, important decisions are made through votes. The method of this research is a qualitative method of observation and analysis of the documents linked to the theme treated. With this study we are able to see how voting has power in democracy. We have seen that voting is very important to ensure the proper functioning of democracy and we can say that democracy has to do with votes or in a summarized way we can call it a democracy of votes. We can conclude that any democratic state must promote and value the vote through a transparent, free, direct, secret process, that is, the voting process must at least respect the seal of the vote to guarantee the freedom of voters.
Timor-Leste, a newly independent state, was declared a democratic state under the rule of law and... more Timor-Leste, a newly independent state, was declared a democratic state under the rule of law and respecting human dignity as a result of the struggle for the right to self-determination and human rights. In the process of building Timor-Leste as a state under the rule of law, Timor-Leste still faces many challenges, especially related to the lack of qualified human resources in all sectors, including justice and human rights. Basically, the rule of law means that the state is based on law. Law is a fundamental part of building an organized and organized state, while Timor-Leste chooses to follow the doctrine of civil law from continental Europe as a logical consequence inherited from Portuguese law, which states that law must be written, contained in a legal document, the constitution, codes, or in writing. But the state must also, beyond the supremacy of law, respect human rights issues. This means that Timor-Leste is a state governed by the rule of law, seeking to respect and value human rights. Respect for and appreciation of human rights is enshrined in the Constitution of Timor-Leste. The interpretation of fundamental rights in Timor-Leste must be in harmony with the Universal Declaration of Human Rights. The State is not based solely on law (as a state governed by law), but more than that, it is based on human rights, on the Universal Declaration of Human Rights; on respect for the dignity of the human person. Regarding the issue of justice, the Timor-Leste justice system must respect and value human rights. That is, every act of the Timor-Leste justice system JURNAL AR RO'IS MANDALIKA (ARMADA) 206 Hercus Pereira dos Santos Building a Justice System for the Defence of Human Rights in Timor-Leste (A Contribution to Judicial Reform in a Democratic State of Law) must be applied in accordance with the Universal Declaration of Human Rights, with the primary objective of respecting and valuing human rights.
We can clearly see that the Constitution of Timor-Leste integrates the basic and important founda... more We can clearly see that the Constitution of Timor-Leste integrates the basic and important foundations of the modern rule of law where the supremacy of positive state rights prevails: The Constitution and other state legal norms, respect for human rights, democratic culture, the principle of separation of powers, political, social, religious pluralism and the determination to fight any tyranny, dictatorship and at the same time the Constitution of Timor-Leste also seeks to resepitate cultural pluralism, the customary right existing within the society of Timor-Leste to create a just and prosperous state for all citizens. That is why we can safely say that the Constitution of Timor-Leste as a fundamental law of the state seeks to guarantee that Timor-Leste, on the one hand, as a modern state of law based on Western legal standards and on the other hand, the Constitution itself seeks to value and respect the use of customary law that is still in use to regularize the life of the people within the society of Timor-Leste.
Building a Justice System for the Defence of Human Rights in Timor-Leste, 2025
Timor-Leste, a newly independent state, was declared a democratic state under the rule of law and... more Timor-Leste, a newly independent state, was declared a democratic state under the rule of law and respecting human dignity as a result of the struggle for the right to self-determination and human rights. In the process of building Timor-Leste as a state under the rule of law, Timor-Leste still faces many challenges, especially related to the lack of qualified human resources in all sectors, including justice and human rights. Basically, the rule of law means that the state is based on law. Law is a fundamental part of building an organized and organized state, while Timor-Leste chooses to follow the doctrine of civil law from continental Europe as a logical consequence inherited from Portuguese law, which states that law must be written, contained in a legal document, the constitution, codes, or in writing. But the state must also, beyond the supremacy of law, respect human rights issues. This means that Timor-Leste is a state governed by the rule of law, seeking to respect and value human rights. Respect for and appreciation of human rights is enshrined in the Constitution of Timor-Leste. The interpretation of fundamental rights in Timor-Leste must be in harmony with the Universal Declaration of Human Rights. The State is not based solely on law (as a state governed by law), but more than that, it is based on human rights, on the Universal Declaration of Human Rights; on respect for the dignity of the human person. Regarding the issue of justice, the Timor-Leste justice system must respect and value human rights. That is, every act of the Timor-Leste justice system JURNAL AR RO'IS MANDALIKA (ARMADA) 206 Hercus Pereira dos Santos Building a Justice System for the Defence of Human Rights in Timor-Leste (A Contribution to Judicial Reform in a Democratic State of Law) must be applied in accordance with the Universal Declaration of Human Rights, with the primary objective of respecting and valuing human rights.
The Democratic Republic of Timor-Leste as a modern state is governed by its Constitution, which w... more The Democratic Republic of Timor-Leste as a modern state is governed by its Constitution, which was drawn up by the Constituent Assembly in 2001 with the presence and fundamental support of the United Nations Transitional Administration in Timor-Leste – UNTAET (United Nations Transitional Administration in East Timor), under the leadership of the late Sergio Viera de Melo. This means that Timor-Leste, as a logical consequence, was founded on the foundations of the Western Roman-Germanic legal doctrine and especially of Portugal. We can clearly see that the Constitution of Timor-Leste integrates the basic and important foundations of the modern rule of law where the supremacy of positive state rights prevails: The Constitution and other state legal norms, respect for human rights, democratic culture, the principle of separation of powers, political, social, religious pluralism and the determination to fight any tyranny, dictatorship and at the same time the Constitution of Timor-Leste also seeks to resepitate cultural pluralism, the customary right existing within the society of Timor-Leste to create a just and prosperous state for all citizens. That is why we can safely say that the Constitution of Timor-Leste as a fundamental law of the state seeks to guarantee that Timor-Leste, on the one hand, as a modern state of law based on Western legal standards and on the other hand, the Constitution itself seeks to value and respect the use of customary law that is still in use to regularize the life of the people within the society of Timor-Leste.
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The public questions a lot the process of justice in the courts in respecting human rights especially in relation to the time limit of the trial, the preventive detention that exceeds the time without a fixed date for the trial, the problem of evidence, the trial of minors, torture and homicide in preventive detention, the problem of the use of the Portuguese language in court and there are many cases pending in court. Even so, the state seeks to make a lot of effort so that justice can be accessible to all citizens through the judicial reform that this government makes and the formation of judges, public defenders, prosecutors, judicial officers and mobile courts.
Timorese leaders seek to establish Timor-Leste as a state of law where state positive law regulates the entire life of the state and the people. One of the indications of a rule of law is the guarantee of access to justice to assert and protect human rights of the timorese people.
We have seen that in Timor-Leste, not only does the state justice system exist, but also the state of Timor-Leste values and promotes the use of the traditional justice system, especially in rural communities, as a quick and accessible solution in the search for the solution and resolution of the conflict.
Therefore, we can consider that the state of Timor-Leste seeks to establish the state and traditional mechanism to help every citizen in accessing justice.
We can clearly see that the Constitution of Timor-Leste integrates the basic and important foundations of the modern rule of law where the supremacy of positive state rights prevails: The Constitution and other state legal norms, respect for human rights, democratic culture, the principle of separation of powers, political, social, religious pluralism and the determination to fight any tyranny, dictatorship and at the same time the Constitution of Timor-Leste also seeks to resepitate cultural pluralism, the customary right existing within the society of Timor-Leste to create a just and prosperous state for all citizens.
That is why we can safely say that the Constitution of Timor-Leste as a fundamental law of the state seeks to guarantee that Timor-Leste, on the one hand, as a modern state of law based on Western legal standards and on the other hand, the Constitution itself seeks to value and respect the use of customary law that is still in use to regularize the life of the people within the society of Timor-Leste.