The State is the highest organization of the other Organizations in a country and the Organization is the working of the state apparatus which is a wholeness, the working order which describes the relationship and the division of duties and obligations between each of the state's equipment, to achieve a certain goal. The Democratic Republic of Timor-Leste is a democratic constitutional State, based on the rule of law, the will of the People and the honor of human dignity. To realize the wishes of the people and the dignity of human dignity.

1. AUTHORITY OF STATE INSTITUTIONS IN
ESTABLISHING LAWS UNDER THE
CONSTITUTION OF THE DEMOCRATIC
REPUBLIC OF TIMOR-LESTE"
Author: Dr. Lourenco de Deus Mau Lulo, L.Dir., MD.
Email:enco681@yahoo.com
Faculty of Law Peace University of Timor-Leste (UNPAZ)
Supervisor:
1. Prof. Dr. I Gusti Ngurah Wairocana, SH., MH
2. Prof. Dr. I Wayan Parsa, SH., M. Hum
3. Dr. I Nyoman Suyatna, SH., MH
CHAPTER I
PRELIMINARY
1.1 Background Problems
Timor-Leste is a democratic legal state, as stipulated in the Preamble to the
Constitution of the Democratic Republic of Timor-Leste that, "it is necessary to establish
a democratic and institutional culture that is appropriate for a rule of law, where respect
for the Constitution and for democratically elected institutions, is a foundation that
cannot be questioned. By interpreting deep feelings, ideals and trust in God from the
people of East Timor. "With regard to the division of authority of state institutions
according to the provisions of the Constitution of the Democratic Republic of Timor-
Leste, there is uncertainty, because Article 69 that, state institutions in carrying out their
functions must comply with the principle of separation of powers and interdependence
according to the Constitution. In addition, the authority to form legislation is owned by
legislative and executive bodies. In a dissertation entitled "The Authority of State
Institutions in the Formation of Legislation Based on the Constitution of the Democratic
Republic of Timor-Leste" this study was carried out on the issue, based on the legal
aspects of the law, namely: legal philosophy, legal theory and legal dogmatic.
Philosophical aspects, the authority to form legislation is the authority of attribution
obtained through the constitution. In terms of ontology, in the context of the rule of law,
the source and limits of power are determined by law and must be used in the corridor of
law. Epistemologically, in order to avoid the accumulation of power that can lead to acts
of abuse of power, the concept of a state of law also requires separation or division of
powers. From an axiological aspect, power is decisive not only because it is obtained by
subjecting the weak party through physical strength, but rather lies in the power of the
voice of human conscience. As formulated in the opening third paragraph of the
Constitution of the State of Timor-Leste that, "it is necessary to establish a democratic
and institutional culture that is suitable for a rule of law, where respect for the
Constitution and for democratically elected institutions is a basis that cannot be
questioned. Furthermore, the fourth paragraph, which states that "By seriously
reaffirming its determination to fight all forms of tyranny, oppression, control and
separation of social, cultural and religious, to maintain national independence, respect
and guarantee human rights and rights the human rights of citizens, to ensure the

2. 2
principle of separation of powers in the structuring of the State,and to establish the basic
core rules of multi-party democracy, with the aim of building a just and prosperous
country and developing a united and friendly society. "Theoretical aspects, the authority
of state institutions in the formation of laws and the development of human rights,
democracy and the division of power, can be justified through several theories, namely:
the theory of trias politics, the theory of authority, and the theory of legislation. Based on
the theory of Trias politics proposed by Montesquieu that, in every country there are
always three branches of power organized into government structures, namely:
Legislative, Executive, and Judicative which relate to the establishment of laws and laws
of the State. Theory of authority, said that, authority is a formal power that is owned by
an official or institution, therefore, authority is a right that is owned by an official or
institution that acts toexercise its authority, based on the prevailing laws and regulations.
Juridical aspect, the division of authority of state institutions in the formation of
laws, according to the provisions of Article 69 of the RDTL Constitution of 2002 states
that, state institutions in carrying out their respective functions must follow the principle
of separation of powers, and the principle of separation of powers in question, that state
sovereignty institutions, must be separated both in their form and in carrying out their
respective functions. In the formulation of the sentence "interdependence" can be
interpreted that, among state institutions in carrying out their authority functions not
separately, because there are sentences of interdependence, such things will affect the
process of governance, because of the intervention of political interests between state
institutions that mutually other.
Sociological aspects, the authority of the Government in carrying out its duties
and functions as a public service is not efficient, because the government as an executive
institution as well as a legislative body, this will have an impact on the abuse of authority
and arbitrariness in carrying out its functions.
Starting from the above description, in the writing study of this Dissertation, it
only focused on the authority of State institutions in the formation of laws which were
limited to the authority of the legislative institutions and the authority of the executive
institutions in the formation of laws based on the RDTL Constitution. The formulation of
the research title is as follows: "Authority of State Institutions in Establishing Laws
Under the Constitution of the State of the Democratic Republic of East Timor."
1.2 Problem Formulation
Based on the background description above, the researcher identified the
problems examined as follows:
1) The philosophical foundation of the authority of State institutions in the formation of
laws based on the Constitution of the Democratic Republic of Timor-Leste
2) Distribution of authority over material content of the law between the National
Parliament and Government.
3) Application of a draft law based on the Constitution of the Democratic Republic of
Timor-Leste.
1.3 Scope
The scope of the problem in this study is:

3. 3
1. Conduct an assessment of the philosophical foundation of the authority of state
institutions in the formation of laws based on the Constitution of the Democratic
Republic of Timor-Leste.
2 Conduct an assessment of the distribution of the material authority of the contents
of the law between the National Parliament and the Government
3 Conduct an assessment of the applicability of the proposed draft law from the
Government regarding legislative licensing.
1.4. Research purposes
Basically, every scientific writing has goals to be achieved, therefore, in this
writing can be stated general goals and specific objectives as described below.
1.4.1 General Purpose
The general objective of this research is to analyze holistically and critically on
the philosophical, theoretical, juridical, and sociological rationale of the authority of
State institutions in drafting legislation both legislative and executive institutions and
analyzing the applicability of proposed legislation from the National Parliament and the
Government.
1.4.2 Special Purpose
Based on the problems examined in this study, there are specific objectives as
follows: a) Conduct an analysis of the philosophical foundation of the authority of state
institutions in the formation of laws based on the Constitution of the state of the
Democratic Republic of Timor-Leste. b) Analyze thenature of thedistribution of material
authority in the contents of the law between the National Parliament and the Government
under the Constitution of the country of the Democratic Republic of Timor-Leste c)
Conduct an analysis of the importance of the juridical provisions of the application of
laws established by the executive body based on the constitution and in the
implementation of the State Government of the Democratic Republic of Timor-Leste.
1.5 Benefits of Research
Writing a scientific work is certainly beneficial for every academic institution,
government, researcher or individual who needs it. Therefore, in this writing the benefits
achieved can be divided into theoretical benefits and practical benefits as follows:
1.5.1 Theoretical Benefits
Theoretically, this research is expected to contribute ideas for the development of
Legal Sciences, especially in the State Law and State Administration Law, in addition,
provide thought and knowledge about the principles of the formation of legislation in the
RDTL Country.
1.5.2 Practical Benefits
In practical terms, the results of this study are expected to contribute to the
thinking of science in general and especially Constitutional Lawand StateAdministration
Law, and this research is expected to solve the problems often faced by State institutions,
especially the authority of State institutions in the formation of laws. in general and in
particular the Republic of Timor-Leste's Democratic Republic.
1.6 Research Methodology
This section outlines the research methods used, to analyze the "authority of state
institutions in forming laws, based on the Constitution of the Democratic Republic of
Timor-Leste". The term research method consists of two words, namely the word method

4. 4
and the word research. The word method comes from the Greek language methodos
which means the way or to a road. While research is a thorough examination and
investigation.
1.6.1 Type of research
The type of research used in thewriting of this dissertation is the type of normative
legal research that focuses on the problem of the existence of blurred norms between
Article 69 of the 2002 RDTL Constitution, the principle of separation of powers, and
Article 97 of the 2002 RDTL Constitution, concerning the initiative of the law.
Furthermore, Article 96 concerning legislative licensing by the National Parliament to
the Government and thematerial for legislative licensing to the Government as stipulated
in Article 96 paragraph (1) Letter (a) to (l), and paragraph (3) Article 96 states that, the
law regarding legislative licensing cannot be used more than once and is no longer valid
when the Government is terminated, with the expiration of the legislative period or with
the dissolution of the National Parliament.
1.6.2 Type of Approach
Jhony Ibrahim explained that in normative legal research several models of
approaches can be used: statute approach, case approach (comparative approach),
historical approach, philosophical approach (philosophical approach) and conceptual
approach (conceptual approach).
1.7 Source of Legal Material
In normative legal research, a source of legal material consisting of primary
source authorities such as laws, court decisions and secondary sources (secondary
sources or authorities) is used, such as books written by experts, various articles law
reform organization and others.
1.7.1 Primary Legal Material
Primary legal material is a legal material that is authoritative, meaning that it
has authority. Primary legal materials consist of legislation, minutes in the making of
legislation and decisions of judges.
1.7.2 Secondary Legal Materials
This secondary legal material consists of literature and papers, scientific works,
journals and articles relating to the object of research, including articles obtained
through internet search.
1.7.3 Legal Materials
Tertiary legal material is a legal material that supports primary legal materials
and secondary legal materials by providing understanding and understanding of other
legal materials, such as the Indonesian Big Dictionary and Legal Dictionary.
1.7.4 Legal Material Collection Techniques
The collection of legal material used in this study is to use the literature study
method to obtain primary and secondary legal materials, which have been synchronized
systematically and then studied further based on existing legal theories so that scientific
formulation can be obtained to answer the legal issues discussed in this legal research.
1.7.5 Legal Material Analysis Techniques
To get results on the problems under study, the primary legal materials and
secondary legal materials, with the legal materials analysis techniques used in this study
are analytical techniques "description, interpretation, evaluation, argumentation and

5. 5
systematization. Description techniques are a condition or position of legal or non-legal
propositions.
1.8 Writing Systematics
Based on the problem formulation, research objectives, and research design as
described above, this study is presented in a system consisting of fourchapters as follows:
CHAPTER I In the form of a preliminary chapter consisting of background, problems,
objectives, benefits of research, theoretical basis, research methods, and research
systematics; CHAPTER II Discusses the theoretical foundation. In this chapter, outlines
several theories, concepts, and principles related to the above problems both in general
and specifically about the authority of State institutions in the formation of laws;
CHAPTER III The form of discussion of 2 (two) problems, namely, first, the philosophical
basis for the division of authority of state institutions in the formation of laws based on
the Constitution of the Democratic Republic of Timor-Leste; and second, the division of
authority over the material content of the law between the National Parliament and the
Government; CHAPTER IV In the form of discussion of problem 3, outlines the
applicability of proposed legislation based on the Constitution of the Democratic
Republic of Timor-Leste; and the last is Chapter V Concluding remarks and suggestions.

6. 6
CHAPTER II
THEORETICAL FOUNDATION
2.1 Trias Politica Theory
The Democratic Republic of Timor-Leste, is a democratic rule of law, has 4 (four)
state sovereignty institutions, according to the provisions of Article 67 of the RDTL
Constitution of 2002 that State sovereignty institutions consist of: President of the
Republic, National Parliament, Government, and Court. The country's sovereignty
institutions, in carrying out their functions, must follow the principle of separation of
powers, according to the provisions of Article 69 of the RDTL Constitution of 2002 that
state sovereignty institutions, in relation to each other and in carrying out their functions,
must follow the principle of separation of powers and interdependence established in the
Constitution. The idea of establishing this state institution, based on the theory of trias
politics, but not absolutely implementing the idea of Montesqeiu because in the
Constitution of the Democratic Republic of Timor-Leste, there are 4 high state
institutions, namely the President of the Republic, the National Parliament, the
Government and the Court.
1) Legislative Powers
According to the provisions of Article 92 of the RDTL Constitution, the National
Parliament is an institution of sovereignty of the Democratic Republic of East Timor
which represents all Timorese citizens and is given legislative authority, supervision and
political decision making. Furthermore, Article 96 paragraph (1) of the 2002 RDTL
Constitution, the National Parliament allows the Government to form a proposed law.
2) Executive Powers
Under the provisions of Article 103 of the RDTL Constitution of 2002, the
Government is the sovereign body responsible for directing and implementing the general
policy of the state and is the highest general government body. Subsequently Article 115
paragraph (3) of the RDTL Constitution of 2002 stipulates that, the Government has
exclusive legislative authority over matters concerning its own arrangement and working
procedures, as well as for the administration of the State, both directly and indirectly.
3) Judicial Power or Judicative Powers
In the provisions of Article 118 paragraph (1) to paragraph (3) of the RDTL
Constitution of 2002, it is stipulated that the Court is a body of sovereignty with the
authority to uphold justice, in the name of the people.
2.2 Authority Theory
In essence, authority is an implication of legal relations. In state administration
law (HAN). The legal relationship that occurs is between the ruler as the governing
subject, and the community as the subject being governed. This is in line with what was
conveyed by A.V. Dicey, as quoted by Tedi Sudrajat, that:
The administrative law determines (1) the constitution and the relations of the
organs of society which are charged with the care of those social interests (interests
collectively) which are the object of public administration, by which they are different
representatives of society among the state is the most important, and (2) the relation of
the administrative authorities toward the citizens of the state.
According to R. Sri Sumantri, that authority is obtained by a person through 2
(two) ways namely by attribution or by delegation of authority: a) Attribution, which is

7. 7
the authority attached to a position. In a review of constitutional law, this attribution is
indicated in theauthority possessed by government organs in carrying out its government
based on the authority established by the legislator. b) Delegation of authority
(delegation), namely the delegation of authority is the surrender of some of the authority
of the superior to the subordinate to assist in carrying out the duties of his duty to act
alone. Based on the explanation of the theory of authority above, relating to the authority
of state institutions in the formation of laws according to the provisions of Article 96 the
National Parliament can allow the Government to propose laws is attribution authority.
2.3 Theory of Legislation
The theory of legislation is used in the research and writing of this dissertation,
to justify the norms and explain the mechanism (process) of the formation of legislation
by the legislative and executivebodies based on the RDTL Constitutionand thehierarchy
of laws and regulations, the principles of the formation of regulations good legislation.
2.3.1 Definition of Legislation
In the context of legal formation, the important thing to note is the grouping of
laws, based on their form and nature, namely in the form of written and unwritten law.
The unwritten law in Timor-Leste's constitution is recognized as being in Article 2
paragraph (4) of the RDTL Constitution which says that. "The state recognizes and
respects the norms and customs of Timor-Leste that are not in conflict with the
Constitution and any other law, especially with regard to customary law." The nature
and function of the laws and regulations in the concept of the rule of law are interesting
and will always be interesting to do when associated with the idea of establishing good
legislation for several reasons: First; One element of the rule of law is that every action
of the Government / government must be based on the applicable laws and regulations.
In the explanation of Article 1 paragraph (1) it is said that the State of the Democratic
Republic of Timor-Leste is a country based on law (Rechtsstaat), not based on mere
power (Machtsstaat).
Second; If it is associated with the type of modern welfare state adopted by the
constitution where the Government is given very broad authority to actively participate
in interference in all socio-cultural and economic fields. With such broad Government
authority, if it is not fenced off with good and fair legal rules, and supervision of the use
of strict authority can lead to arbitrariness from the Government.
Third; In general, the purpose of legislation is to regulate and organize life in a
country so that the people governed by the law obtain certainty, usefulness and justice in
the life of the state and society.
2.3.2 Act
The law is divided into two, namely the law in the material sense and the law in a
formal sense, which is a literal translation of "wet in formele zin" and "wet materiёle zin"
known in the Netherlands. The law in the material sense is a decision or decree of the
ruler which is seen from its contents called the law and binds everyone in general. The
law in the formal sense is the decision of the ruler, which is referred to as law, as seen
from the way it was formed.
2.3.3 Legislation of the State of RDTL
Legislation is one of the guidelines in the process of developing a country based
on law, the State of Timor-Leste is a democratic, democratic state, which gained full

8. 8
independence in 2009, from the United Nations, through its mission, Unitet Nation
Transition of East Timor (UNTAET). After obtaining full independence, many obstacles
faced in the process of building a nation that just emerged from prolonged suffering for
several centuries living in the colonies of the colonies, one of the obstacles is the process
of development in the field of law, until now the legal problem has been in the spotlight
of the international community in general, and especially the people of Timor-Leste, they
have not felt their rights protected by law.
2.3.4 Establishment of Law
Establishment of the law is a plan or plan in shaping the law. The law is
essentially a product of the evaluation of reason which is rooted in human conscience
about justice regarding human behavior and the situation of human life.
2.3.5 Platform for Establishment of the Law
Every statutory law can be said to be good (good legislation), legal according to
law (legal validity) and effective because it can be accepted by the public naturally and
is valid for a long time, so it must be based on the basis of legislation. Philosophical
foundation, namely the philosophical basis or views or ideas that are the basis of ideals
when pouring desire and wisdom (government) into a plan or draft state regulation;
Juridical foundation, is a legal provision that becomes the legal basis (rechtsground) for
the making of a regulation; Political foundation, is the line of political policy that
becomes the next basis for policies and direction of state governance. A law is said to
have a sociological foundation if the provisions are in accordance with general beliefs
or public awareness.
2.4 Principles for Establishing the Law
The principles of the formation of laws and regulations used in this Dissertation
are very important because the principles of the formation of laws are the basis or
guidelines in the formation of the law, therefore, the principles of the formation of laws
are used to justify the authority of state institutions in the formation of laws, which are
established by the legislative and executive institutions of the State of Timor-Leste. These
principles are the basis or guidelines that are used as a basis for thinking, opinion and
acting, in accordance with the provisions that apply and are limited in binding. The
limited purpose here is that, the body or official is authorized to think, opinion and act,
must be in accordance with the principles set forth, must not act outside the principles,
and material content determined, because the Principles of the formation of legislation
is a guideline or a sign in the formation of good legislation. According to Amiroedin
Sjarief, by submitting five principles, as follows:
a) Principle level hierarchy;
b) Legislation cannot be contested;
c) Legislation that is specific to the exclusion of general laws (lex specialis derogate lex
generalis);
d) Legislation does not apply retroactively;
e) The new law excludes the old law (lex posteriori derogat lex periori
A more detailed opinion was raised by I.C van der Vliesdi on the principles of the
law of the formation of laws and regulations, namely formal principles and material
principles. Formal principles include:
1) The principle of clear objectives (beginsel van duetlijke doelstelling);

9. 9
2) The right organ /institution principle (beginsel van het juiste organ);
3) Principles need regulation (het noodzakelijkheids beginsel);
4) Principles can be implemented (het beginsel van uitvoorbaarheid);
5) Consensus principle (het beginsel van consensus); While those who enter thematerial
principle are as follows:
a) The principles of correct terminology and systematics (het beginsel van
duitdelijke terminologie en duitdelijke to systematiek);
b) The principle can be recognized;
c) The principle of equal treatment in law;
d) Legal certainty principle, The principle of law enforcement is in accordance with
individual circumstances.
The last opinion was expressed by A. Hamid S. Attamimi, as quoted by Maria
Farida, whosaid that,the establishment of legislation, which should follow the guidelines
and guidance given by the ideals of the rule of law, termed guiding stars, the principle
state of law and constitutionalism, where a country adopts constitutionalism.
Furthermore, A. Hamid Attamimi, said, if it is connected to the division of formal and
material principles, then the distribution is as follows:
1. Formal principles:
a) A clear objective principle.
b) The principle of the need for regulation.
c) The right organ / institution principle.
d) The principle of the appropriate content material.
e) Principles can be implemented.
f) Principles can be recognized.
2. Material principles:
a) Principles in accordance with the legal aspirations and fundamental norms of the
state.
b) Principles in accordance with the basic laws of the country.
c) Principles in accordance with the principles of the state based on law.
d) Principles in accordance with the principles of government based on the
constitution.
Various opinions expressed by the experts above basically refer to how a law is formed,
in terms of materials that must be contained in the legislation, as well as the
manufacturing techniques, accuracy of the forming organs and others, deduced from the
description of experts, namely:
1) Principles of General law
a) Legislation does not apply retroactively. Legislation made only applies to legal events
that occur after the legislation was born. However, ignoring this principle is possible
to occur in order to fulfill community justice.
b) Principle of hierarchical compliance (lex superior derogat lex inferior)
c) Legislation that is specific to the exclusion of general laws and regulations (lex
specialis derogat lex generalis);
d) The prevailing laws and regulations cancel the previous laws and regulations (lex
posteriori derogate lex periori);
2) Material Principles / Substantive Principles

10. 10
In general, the principles that can be used as a reference in assessing the
substance / material of the laws and regulations are:
1) The values of human rights and gender justice that have been included in the
constitution;
2) Guarantee of integrity of national law; and
3) The role of the state versus society in a democratic country.
In general, the principles that can be used as a reference in assessing the
substance / material of the laws and regulations are:
a) The values of human rights and gender justice that have been stated in the
constitution;
b) Guaranteed integrity of national law; and
c) The role of the state versus society in a democratic country.
2.5 Government System Theory
The government system theory is used in this dissertation, to find out the
relationship between executive institutions and the legislature as a continuation of
exploration of the concept of division or separation of powers.
2.5.1 Parliamentary Government System
The Parliamentary Government System is a government system in which
parliament has an important role in government. Parliamentary governance system is a
system of government in which the relationship between the executive and the
representative body (legislative) is very close to the following characteristics:
a) The head of state can be king / queen / president. However, it is not responsible for
all policies taken by the cabinet.
b) The head of state is only a symbol of the state because the head of government is
the prime minister.
c) Parliament has power as a representative body and legislative body. MPs are
elected by the people through elections.
d) The executive (cabinet) is accountable to the legislature. If the parliament issues a
motion of no confidence in the minister, the cabinet must return the mandate to the
head of state.
e) In the two-party system, those appointed as cabinet-formers as well as prime
ministers are the leaders of election-winning political parties.
f) In many party systems, cabinet formators must form a coalition cabinet, because
the cabinet must get the support of the trust of the Parliament.
g) The head of state can overthrow the National Parliament. Then the cabinet must
form a new Parliament through elections.
2.5.2 Presidential Administration System
The presidential system of government is a government where the executive
position is not responsible to the people's representative body, in other words the
executive power is outside the (direct) supervision of Parliament.
The characteristics of the presidential government system are:
a) The President is the chief executive who heads his cabinet who is all appointed by him
and is responsible by him.
b) The President is not elected by the legislative body, but is elected by a number of
election.

11. 11
c) The President is not responsible to the legislature and cannot be imposed by the
legislature.
d) As a balance, the president cannot dissolve the legislature.
e) Quasi and referendum government systems.
2.5.3 Semi-Presidential Government Systems
Mixed government system (mixed system or hybrid system) is a Government
system that seeks to find common ground between Presidential Presidential Systems and
Parliamentary Government Systems. The dual function of the President as in the
Presidential Administration System, the President is retained. But as the head of the
Government, the President shared power with the prime minister which led to dual
executive systems.
2.4.4 System of State Administration of the Democratic Republic of Timor-Leste
In the opening of the RDTL Constitution, the third paragraph (three) states that,
"it is necessary to establish a democratic and institutional culture that is appropriate for
a rule of law, where respect for the Constitution and for democratically elected
institutions is a foundation that cannot be questione. By interpreting deep feelings, ideals
and trust in God from the people of East Timor;
The characteristics of the Government system based on the provisions of the
Timor-Leste Constitution, it can be concluded that the State of Timor-Leste adheres to its
system of government is a parliamentary system of government. Such matters can be
traced based on the provisions of the provisions of the authority of State institutions in
the RDTL Constitution as follows:
1) According to the provisions of Article 74 paragraph (1) that, "The President of the
Republic is the Head of State and the symbol and guarantor of national independence
and the unity of the State and the smooth work of democratic institutions. The President
of the Republic of the head of state is only a symbol of the state because the head of
government is the prime minister. The President of the Republic is directly elected
through democratic, free, direct, public and secret elections.
2) According to the provisions of Article 92, it explains that, "The National Parliament is
an institution of sovereignty of the Democratic Republic of Timor-Leste which represents
all Timorese citizens and is given legislative authority, supervision and political decision
making." Parliamentarians are elected by the people through elections. Furthermore,
Article 95 of the RDTL Constitution concerning the authority of the National Parliament
paragraph (1), the National Parliament has the authority and responsibility to makelaws
concerning basic issues concerning domestic and foreign policy; and paragraph (2), the
National Parliament, exclusively, has the authority and responsibility to make laws
concerning the contents of which are regulated in the section of letters (a) to letters (q)
in paragraph (2) Article 95 of the RDTL Constitution.
3) Article 103 explains that, "The Government is the sovereignty body responsible for
directing and implementing the general policy of the state and is the highest Public
Administration body" and Article 104 paragraph (1) that, the Government consists of
Prime Ministers, Ministers and State Secretaries "Furthermore, the authority of the
Government as stipulated in Article 115 of the RDTL Constitution.
4) Article 118 of the judicial institution, paragraph (1) explains that "the Court is a body
of sovereignty with the authority to uphold justice, in the name of the people" hereinafter

12. 12
paragraph (2), states that, in carrying out its functions, the court has the right to obtain
assistance from Government officials other, and paragraph (3), that a court decision is
binding and is above the decision of any other authority.
On the basis of the authority of the State institution as described above, it was
concluded that the system of governance of Timor-Leste was a system of Parliamentary
Government.
2.6 Concept of State of Law
Based on the Constitution of the Stateof the Democratic Republic of Timor-Leste,
in the implementation of the tasks and functions of state power (functions of state power)
must follow the principle of separation of powers and independence in the
implementation of its functions and interdependence between one institution to another,
as stipulated in Article 69 of the ConstitutionRDTL in 2002. Historically the development
of the rule of law in classical times contained two main types of state law, namely the type
of continental Europe, which was based on the rule of law (rechtsouvereiniteit), which
had the core of the Rechtstaat (legal state) and Anglo Saxon type, which had the Rule of
Law. Rechtstaat is a concept in Continental European legal thought which was originally
borrowed from German law, which can be translated as "legal state", "state of law",
"state of justice", or "state of rights" where the exercise of governmental power is limited
by law.
In the concept of the "State of Law" rechtsstaat, it is idealized that what must be
made the commander in the dynamics of state life is the law and this is in accordance
with the RDTL constitution in Article 1 paragraph (1) and article 2 paragraph (1) and
(2). This is one of the concepts of Supremacy of law. The concept of the State of Law of
East Timor or referred to as the philosophy of the state, namely "Estado de Direito
Demokratiko". Based on the RDTL Constitution, in the concept of the State of Law of
Timor-Leste it also has the goals and ideals of the State as well as stipulated in the
provisions of Article 6 of the RDTL Constitution concerning the objectives of the state
"Objectivo do Estado". Therefore, the concept of the State of Law of Timor-Leste is the
rule of law of Law Mix (a combination of legal concepts rechtsstaat with the concept of
the rule of law), can be seen from elements of the rule of law based on philosophical,
sociological and juridical grounds, as follows:
1) The philosophical element of "respect for human dignity" means that the State upholds
the values and norms that have been adopted by the community as inheritance inherent
in every citizen, as in the provisions of Article 2 paragraph (4) explains that, "The state
will recognize and respect East Timorese norms and customs that do not conflict with the
constitution and any other laws that are specifically related to customary law.
2) The sociological element of the people's desire in the sense that the process of
administering the government with the aim of prospering the wishes of the people, as
stipulated in Article 6 paragraph (1) of the purposes of the State in the letter (b) explains
that,"Toguarantee and promote rights and fundamental freedoms of citizens and respect
for the principles of a democratic state based on the force of law;
3) Juridical Elements, containing "legal sovereignty" in the sense that,theState of Timor-
Leste is a State based on legal force (supremacy Law). Therefore, every act of
implementing the government must be based on the law (the principle of legality). Thus,
the principle of check and balance can be guaranteed well.

13. 13
CHAPTER III
DISTRIBUTION OF THE AUTHORITY OF STATE INSTITUTIONS IN THE
FORMATION OF LAW BETWEEN THE PARLIAMENT NATIONAL AND
GOVERNMENT
1.9 The philosophical foundation of the authority of state institutions in the
establishment of laws based on the RDTL Constitution
The term "Institution" as defined by Mac Millan is a set of real relationships of
norms, beliefs, and values that are centered on social needs and a series of important and
repetitive actions. In the RDTL Constitution, the institutions in question, there are those
whose names are explicitly mentioned and there are only those functions that are
explicitly mentioned. According to Jimly Asshiddiqie, these institutions can be
distinguished from two aspects, namely in terms of function and hierarchy. For that there
are two criteria that can be used, namely (i) criteria for hierarchies of normative source
forms that determine their authority, and (ii) the quality of their main or supporting
functions in the state power system.
3.1 Distribution of authority over the material content of the formation of a Law between
the National Parliament and the Government
The application of the division of powers in Timor-Leste consists of two parts,
namely the horizontal distribution of power and the vertical division of power.
a) Horizontal division of powers
Horizontal division of power is the distribution of power according to the functions of
certain institutions (legislative, executive and judicial). The division of power at the level
of the central government has shifted, The shift in question is a shift in the classification
of state power which generally consists of three types of power (legislative, executiveand
judicial) into four state powers, namely:
1) The power of the presidential institution, is the President of the Republic of Indonesia
exclusively and exclusively responsible for: Officially promulgating the law and ordering
the issuance of resolutions from theNational Parliament that ratify agreements and ratify
treaties and international agreements; Carry out the authority which is the core of the
functions as Commander of the Armed Forces, and use veto power over any law within
30 days, starting from the date of receipt; as confirmed in Article 85 of the 2002 RDTL
Constitution.
2) Legislative power, the National Parliament is the sovereignty of the state of the
Democratic Republic of Timor-Leste which represents all Timorese citizens and is given
legislative authority, supervision and political decision making. Authority of the National
Parliament as affirmed in Article 95 paragraph (1) of the RDTL Constitution of 2002,
that the National Parliament has the authority and responsibility to make laws
concerning basic issues concerning domestic and foreign policy.
3) Executive power, is the power to function in carrying out the laws and administration
of the State government. This power is held by Prime Minister as affirmed in Article 103
that, the Government is the sovereignty body responsible for directing and implementing
the general policy of the state and is the highest general government body as stated in
Article 104 paragraph (1 and 2) that, (1) Government consists of the Prime Minister,

14. 14
Ministers and State Secretaries, and (2) The Government may have one or more Deputy
Prime Ministers and Deputy Ministers.
4) Judicial power (judicial), or what is often called judicial power is the power to conduct
justice in order to enforce law and justice. As stipulated in Article 118 paragraph (1-3),
paragraph (1) Article 124 paragraph (1 and 2) that, paragraph (1) of the Supreme Court
is the highest court and guarantor of uniform law enforcement, and has jurisdiction in
all regions of the country, and Paragraph (2) The Supreme Court is also authorized and
responsible for upholding justice on legal matters, as well as matters relating to the
Constitution and elections.
b) Vertical division of powers
Vertical division of power is a division of power according to its level, is the
division of power between several levels of government. Article 5 paragraph (1 and 2)
(Decentralization), which states that, paragraph (1), in terms of regional arrangement,
the State will respect the principles of decentralization of general government, and
paragraph (2), the law will determine and determine the characteristics from each
regional level, as well as the authority of each government agency.
3.2 Authority of the National Parliament
The National Parliament is an agency consisting of representatives of the people
who are elected and responsible for legislation and control of the state's financial budget;
House of Representatives. Arranging the law-making authority under the RDTL State
Constitutionconsists of the legislative body as an institution that has the authority toform
laws, in addition, constitutionally, the National Parliament allows the Government to
form laws based on Article 96 paragraph (1) In addition, the Government by Attribution
has the authority to form legislation according to the provisions of Article 97 paragraph
(1) section of letter (c) of the 2002 RDTL Constitution. In paragraph (2) Article 96 K-
RDTL that, the law on legislative licensing will determine the principal, understanding,
scope and validity period of the permit, and the permit can be renewed, and paragraph
(3) determines that the law on legislative licensing cannot be used more than once and is
no longer valid when the Government is terminated, with end of the legislative period or
with the dissolution of the National Parliament.
3.3 Authority of the Government
Under the provisions of Article 103 of the 2002 RDTL Constitution, the
Government is the sovereign body responsible for directing and implementing the general
policy of the state as the highest public governance body. Furthermore, Article 104 of the
RDTL Constitution The composition of the government cabinet is as follows:
1) The Government consists of the Prime Minister, Ministers and State Secretaries.
2) The government can have one or more Deputy Prime Ministers and deputy Ministers.
3) Amount, Name and authority of ministries, State Secretariat shall be stipulated by
Government law.
Under the provisions of Article 137 of the RDTL Constitution (the basic principle
of general government) paragraph (1) the implementation of general government aims to
fulfill the public interest, by respecting the rights and interests of citizens and bodies in
the constitution and paragraph (2) general government will be prepared to prevent
excessive bureaucracy, providing services to the people that are easier to use and
ensuring the input of people who are interested in their management efficiently and

15. 15
paragraph (3) of the law will determine the rights and guarantees of citizens, which are
related to actions that may be affect their rights and worthy interests.
3.4 Draft Law
The draft law is one of the stages of the formation of legislation, to produce
legislation that is responsive in accordance with community expectations, the
establishment of laws relating to the interests of the people needs to be preceded by
careful field research and normative assessment, while the empirical approach aims to
find out the expectations, community support and substantial issues that are regulated.
Establishment of a law that clearly regulates the distribution of authority, supervision,
functions, tasks, good coordination in realizing a clean and democratic government
because it prevents:
a) Utilization of authority.
b) Abuses.
c) Corruption, collusion, nepotism.
Thus, the Government's actions in the development process to avoid acts of abuse
of authority, so as toensure a clean government,the Government must fulfill thefollowing
requirements:
a) Government based on law.
b) Accountability.
c) Transparency.
d) Participation.
In the formation of the law, it is expected to clearly regulate the authority of the
Government, so that the Government does not act outside the authority regulated by law.
3.5 Distribution of Content of the Law
According to A. Hamid Attamimi, that the content of the law is an important
matter to be researched and sought, because the formation of the law of a country
depends on the ideals of the State and the theory of state adopted, on sovereignty and the
division of power in the state held it.
3.5.1 Content of the Law from the National Parliament
In the process of preparing the proposed draft law from the National Parliament
called Projecto da Lei. Based on the provisions of Article 92, and Article 95 paragraph
(1), 97 paragraphs (1 a and b), 98, and Article 99 of the RDTL 2002 Constitution, the
implementation of the draft law is an initiative proposed by the National Parliament
Members as regulated in Article 86 Parlamento Nacional 2002 (RDTL National
Parliamentary Rules of Procedure) and Article 97 paragraphs (1 a and b) of the RDTL
Constitution, namely: paragraph (1) A initiation and determination: (Authority toinitiate
laws owned by):
(a) Aos Deputados; (Parliamentarian);
(b) As Bancadas Parlamentares; (Factions in Parliament). Furthermore, Article 86 of
the Regimento do Parlemento Nasional 2002 (RDTL National Parliamentary Rules of
Conduct) dated June 18, 2002, namely: A iniciativa de lei compete aos Deputados, as
bancadas parlamentares e ao Governo (initiative of the draft law can come from
Members of Parliament National, from factions in the National Parliament and the
Government).

16. 16
3.5.2 Content of the Law from the Government
Based on the Constitutional system is a pair of state insights based on law.
Pursuant to Article 96 paragraph (1) of the RDTL Constitution of 2002, determines the
delegation of authority to the Government to make laws that regulate matters which
constitute further arrangements of the Constitution, and the establishment of the law
requires the approval of the National Parliament. In addition, the Government has the
authority to form Government regulations that regulate the procedures for further
implementation of the law, as well as the Government's authority to form Regulations in
carrying out government, so that all Timor-Leste regulations can be grouped into two
parts:
1) A draft law requiring approval from the National Parliament, called Proposta da Lei
(draft law), after being approved by the National Parliament, the bill becomes law.
2) Decision-law is a decision with the force of law, which comes from executive power,
which is regulated in the legislative system in several countries. Decisions can apply to
economic, fiscal, social, territorial and security arrangements, with effective legitimacy
of administrative regulations and the power of the law, since the issuance of sanctions
and publications in official journals or newspapers).

17. 17
CHAPTER IV
APPLICATION OF THE PROPOSAL OF LAW DESIGN BASED ON
TIMOR-LESTE CONSTITUTION
In essence, the enactment of the law is, one of the requirements of legislation. In
this section of the chapter, the author describes the applicability of the law proposed by
the Government through legislative licensing laws to the Government, and the adoption
of the proposed draft law by the President of the Republic and the publication in the
gazette (journal da Republika) as follows:
4.1 Applicability of the Proposed
Bill in Article 73 of the RDTL Constitution, announcement of legislation and
decisions; paragraph (1) that laws and decisions will be issued by sovereignty bodies in
the State Gazette. Subsequently paragraph (2) that, negligence to issue legislation or
decision as referred to in paragraph (1) Article 73 above that, the decisions of state
sovereignty institutions and regional Government, must be published in the state sheet, if
not published then, the law or the decision is canceled or not valid, and in paragraph (3)
that, the form of the announcement of legislation and other decisions, and the
consequences of such negligence, will be determined by law. In connection with the
validity of the law the RDTL country can be explained as follows:
1) Philosophical foundation
Philosophically, the authority of state institutions in the formation of legislation
is to support the implementation of development in the field of constitutional law and is
a manifestation of efforts to achieve the goals of the nation mandated in the constitution.
In the opening and Article 1 paragraph (1) of the 2002 RDTL Constitution, it is clearly
stated that social justice for all Maubere people is the basis of one of the national
philosophies, therefore every citizen has the right to get the best social justice. As in the
Opening of the 2002 RDTL Constitution, and Article 1 paragraph (1), then in the
provisions of Article 6 letter (b) that, to guarantee and promote the fundamental rights
and freedoms of citizens and the respect for the principles of a democratic State by force
of law.
2) Juridical foundation
Legislation in the State of Timor-Leste, the material of the law clearly stated in
Article 95 paragraph (2) and Article 96 paragraph (1) of the RDTL Constitution of 2002.
Material content of the law that is authorized by the National Parliament is stipulated in
paragraph (2) while Article 96 paragraph (1) of the National Parliament allows the
Government to propose a bill based on predetermined content. Furthermore, concerning
the initiative (initiative) of the law as stipulated in the provisions of Article 97 that;
(1) The authority to initiate the law is owned by:
a) Member of Parliament;
b) Fractions in Parliament;
c) Government.

18. 18
(2) It is not permissible to submit a draft law, the concept of laws or amendments relating
to, in an ongoing budget year, the addition of State expenditures or the reduction of State
revenues as stipulated in the Budget and State Revenue or Correction Budget.
(3) The draft law and the draft law that is rejected cannot be submitted again during the
same legislative session when it has been closed.
(4) The draft law and draft law which are not responded to, do not need to be re-submitted
during the next trial period, except in the case of the expiration of the law making period.
(5) The draft law does not apply again at the time of dismissal of the Government.
Based on the consideration of the National Parliament for the proposed draft law
from members of the National Parliament, factions in the National Parliament and the
Government, depending on the period of the ongoing legislative process. When a
proposed bill is accepted, the draft law is enacted, and if the National Parliament has
held 10 hearings of the bill, but without making a final decision (rejected), the draft law
is no longer valid.
3) Sociological foundation
The authority of state institutions in the formation of laws, as one form of
legislation departs from the reality that exists in society. This reality can be in the form
of developing aspirations, existing problems and demands for the interests of changes.
4.2 Ratification and Enactment of the Law by the President of the Republic of Timor-
Leste
The enactment of the law is one of the conditions for a democratic rule of law,
therefore, every law of decisions made or issued by an authorized official or State
institution, laws and regulations can be applied must be published through the State
Gazette (Journal da Republika). According to the provisions of Article 73 of the RDTL
Constitution of 2002 paragraph (1), laws and decisions will be issued by sovereignty
bodies in the State Gazette, paragraph (2) Failure to issue legislation or decisions as
referred to in paragraph (1) at for or general decisions taken by the sovereignty
institutions of the State or regional Government resulting in cancellation and invalid and
paragraph (3), the form of announcements of legislation and other decisions resulting
from such negligence will be determined by law invite.

19. 19
CHAPTER V
COVER
5.1 Conclusions
Based on the description of the discussion of the three problems above, it can be
concluded as follows:
1. The philosophical consideration for the division of authority of state institutions, in the
Constitution of the Democratic Republic of Timor-Leste, is to avoid the accumulation of
authority in one of the state institutions, which can lead to acts of abuse of power.
Considering the State of the Democratic Republic of Timor-Leste (NRDTL) is a rule of
law, then to obtain, use its authority and limits, it must be clearly regulated so that it can
be accounted for according to the laws and regulations, and in addition, in order to
control each other between state institutions with each other, to guarantee a system of
checks and balances.
2. Distribution of authority the contents of the Act between the National Parliament and
the Government are:
a) In the provisions of Article 95 paragraph (1) of the RDTL Constitution, the National
Parliament has the authority and responsibility to make laws concerning basic issues
concerning domestic and foreign policies. The content of the Law which is the authority
of the National Parliament as stipulated in paragraph (2) Article 95 of the RDTL
Constitution, furthermore, the National Parliament has the authority to submit a bill
through the Law initiative as stipulated in Article 97 paragraph (1) of the RDTL
Constitution
b) Material content of the Law from the Government;
In the provisions of Article 103 of the 2002 RDTL Constitution, the Government is the
sovereign body responsible for directing and implementing the general policy of the state
as the highest public governance body. Furthermore, Article 115 paragraph (3) the
Government has the exclusive authority to form regulations that govern the procedures
for implementing government either directly or indirectly. In addition, in the provisions
of Article 96 the National Parliament can allow the government to propose laws on
content matters as set forth in paragraph (1), through statutory initiatives as stipulated
in Article 97 of the 2002 RDTL Constitution.
3. The application of the legislative licensing draft proposal depends on:
a) The term of office of the legislature, meaning when on a trip; The Republican
President dissolves the National Parliament, so the proposed draft law cannot be
continued, and or
b) The term of office of the Government, meaning, if in the course of government; The
President of the Republic dissolved the Government and dismissed the Prime
Minister, so the proposal for the legislative licensing bill cannot be continued.
c) When the legislative licensing draft proposed by the Government is rejected twice in
a row by the National Parliament.
5.2 Suggestions
Based on the above conclusions, advice can be given to those who have a role in
the formationof the laws of the Stateof Timor-Leste, both directly and indirectly involved
in the process of forming the law, to consider the following:

20. 20
1) Amendments to the constitution are needed, to clarify the division of the authority of
state institutions based on the principle of separation of powers or division of powers so
that in carrying out its functions, it can avoid abuse of authority and guarantee the
principle of checks and balances. Unclear division of authority of state institutions in
carrying out their functions, so that the sentence becomes unclear which can have an
impact on abuse of authority, arbitrariness, so that ultimately the practice of corruption
occurs; and overlapping authority that has an impact on the governance process.
2) It is necessary to establish a law to limit the legislative licensing of the National
Parliament to the Government, so that the Government in implementing the law is in
accordance with its authority, with the intent:
a) To clearly regulate the contents of the law that is given to the executive, so that in the
implementation of its functions as an institution the implementation of the law can be
carried out effectively and efficiently.
b) It is necessary to establish a law on the hierarchy of laws and regulations, in order
to determine the content of each level of legislation that is formed, in order to avoid
conflicts of norms, blurring of norms, and void norms.
c) It is necessary to establish a national legislative body to draft a bill on content that is
the authority of the National Parliament and the Government, so that there is a clear
division of authority to submit material for the bill between the National Parliament
and the Government can be formed.

21. 21
REFERENCE:
[1] See Article 96 of the 2002 RDTL Constitution, (Legislative Licensing) paragraph (1)
the National Parliament can allow the Government to make laws concerning matters
relating to the Government's vision and mission.
[2] Subarso & Ana Retnoningsih, 2008, Big Indonesian Dictionary, lux edition, widya
Karya-Semarang, p.546
[3] Jhony Ibrahim, Op. Cit, h. 246
[4] CFG Sunaryati Hartono, 2006, study law in Indonesia at the end of the 20th century,
Alumni Bandung, h.141
[5] Ibid. h. 35.
[6] Ibid. 13
[7] Ibid.
[8] Tedi Sudrajat, 2017, Government Biocration Law (authority & position), Sinar
Grafika, East Jakarta, p. 52
[9] R. Sri Soemantri M, 1992, Indonesian Government Administrative Law, Alumni,
Bandung, h. 29
[10] Nurrahman Aji Utomo, 2016 Unravelingthe Framework Legislation As Embodiment
of Human Rights Instruments (Unraveling Legislation Framework as an Instrument for
Realization of Human Rights). In the Constitutional Journal, Volume 13, Number 4
December 2016. https: // media. research. com / media / publications / 113071- ID- parse
-framework-legislation-as-inst. pdf . Access on April 5, 2018, h. 1
[11] I Nyoman Suyatna, 2011, Dissertation, General principles of good governance in
the formationof regional regulations: Doctoral Program of Law Science, Faculty of Law,
Brawijaya University Malang, h. 152-153
[12] LJ van Apeldoorn, 1978, Introduction to Legal Studies: Pradnya Paramita, Jakarta,
p. 92
[13] Ibid.
[14] E. Utrecht, 1961, Introduction to Indonesian Law, PT Penerbitan and Ichtiar Book
Center, Jakarta, p.136
[15] Yohanes Usfunan, 2007, Legislation Politics in Transitional Countries, Scientific
Oration in the 1st Graduates of the Universidade DA PAZ (UNPAZ) graduation
ceremony, Dili October 24, Timor Leste, (Law, Human Rights and Government),
Udayana Press 1st print Denpasar, h. 257
[16] Bernard Arief Sidharta, 2010, Indonesian Law, FH Unika Parahyangan, Bandung, p.
88.
[17] Admin Legal Corner , 20 16, the basis and principles of local regulation formation
https://www.sudut hukum.com /.html . Access on June 22, 2018
[18] I Gede Pantja Astawa and Suprin Na'a, 2005, Handbook of Legislation Design,
Director General of Legislation was translated from IC Van der Vlies's book, Handboek
Wetgeving, language transfer by Linus Doludjawa, Bandung, p. 54-55
[19] Suharso and Ana Retnoningsih, Loc. Cit. h. 55
[20] Amiroeddin Syarief in Rojidi Ranggawijaya, 1998, Introduction to Indonesian
Legislation: CV. Mandar Majuh. Bandung, p.78.

22. 22
[21] A. Hamid S. Attamimi. 1990, Role of the Presidential Decree of the Republic of
Indonesia in the Implementation of State Government; Analysis Study of Presidential
Decrees that Function in Time Arrangements PELITA I-PELITA IV Jakarta, Doctoral
Dissertation, University of Indonesia, p. 330
[22] Maria Farida Indrati. S, 2007, Legislation, Kanisius, Yogyakarta, p. 197.
[23] Ibid.
[24] Amiroeddin Sjarif, 1997, Legislation: Basic, Type, and Making Technique, Rineka
Cipta, Jakarta, p. 78-84.
[25] A. Hamid S. Attamimi. 1990, Role of the Presidential Decree of the Republic of
Indonesia in the Implementation of State Government; Analysis Study of Presidential
Decrees that Function in Time Arrangements PELITA I-PELITA IV, Jakarta, Doctoral
Dissertation, University of Indonesia, p. 330
[26] Maria Farida Indrati. S, 2007, Legislation, Kanisius, Yogyakarta, p. 197.
[27] Ibid.
[28] Idup Suhadi and Desi Fernanda, 2001, " Fundamentals of good governance ",
Jakarta, Institute of State Administration of the Republic of Indonesia, p.4
[29] Ibid. h.5
[30] Hayek, Friedrich , 1960, The Constitution of Liberty , University of Chicago Press,
Chicago, USA, p. 199
[31] Sulistiyono, Adi, 2007, State of Law: Power, Concepts, and Moral Paradigm, Mold
I, Educational Development Institution (LPP) and UNS PRESS Publishing and Printing
Unit, Sebelas Maret University, Surakarta, p. 32
[32] Hadjon, Philiphus M, 2007, Legal Protection for the People in Indonesia, a study of
its Principles, Handling by the Courts in the General Courts and the Establishment of
Administrative Courts, Perabadan, p. 75
[33] Saharuddin, 2001, The Value of Core Cultures and Local Institutions in the Context
of a Multi-Ethnic Society, Discussion Material Not Published. Depok: University of
Indonesia Postgraduate Program, p.1
[34] Jimly Asshiddiqie, 2010, Development & Consolidation of Post-Amendment State
Institutions (Jakarta: Sinar Grafika, p. 27.
[35] Mohammad Kusnardi and Harmaily Ibrahim, 1983, Introduction to Constitutional
Law, p. 40
[36] Jeremy Bentham, 2000, An Introduction to the Principles of Morals and Legislation
Kitchener, Batoche Books, p. 14.
[37] Wijk, HD van, 1984, Hoofdstukken van administratief recht, Vuga, S-Gravenhage,
p. 34
[38] Ann Seidman & Robert Seidman, 2001, Drafting the Draft Law on Democratic
Changes in Society, Op. h.8.
[39] Yohanes Usfunan, 2011, Political Human Rights (Freedom of Opinion in
Indonesia, Op.Cit.h.129.
[40] Ibid. h.50-51