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All Journal Jurnal Interpretasi Hukum
Carolina da Cruz
Universidade Oriental Timor Lorosa'e (UNITAL), Dili, Timor Leste
Law, Crime, Criminology & Criminal Justice

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Pengaruh Konstitusi Timor Leste terhadap Perlindungan Hak Asasi Manusia dalam Konteks Pascakonflik Carolina da Cruz; Luzidia Dias Quintas
Jurnal Interpretasi Hukum Vol. 6 No. 2 (2025): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.6.2.2025.276-282

Abstract

Human Rights or abbreviated as HR are a set of rights inherent in the nature and existence of humans as creatures of God Almighty and are His gifts which must be respected, upheld and protected by the state, law and government, and every person for the sake of human honor and dignity. This study applies normative research methods and literature studies. The main focus of this study is on legal texts, journals and published documents. The approach method in this research uses a statutory approach which will be applied in this study to analyze various relevant legal regulations. The author uses a qualitative descriptive analysis method. Based on the results of this study, the Constitution of Timor Leste provides a fundamental influence in the protection of human rights through the establishment of basic principles of the rule of law and strong guarantees of human rights, which are very important in the post-conflict context to rebuild a just and stable society. The main challenges in implementing human rights guarantees contained in the post-conflict Timor Leste Constitution are rooted in limited law enforcement capacity, unresolved cases of past human rights violations, and socio-economic problems such as poverty.
Implikasi Hukum Penggusuran Paksa di Kota Dili terhadap Hak Asasi Warga Negara Carolina da Cruz; Francisco Ruas Hornay
Jurnal Interpretasi Hukum Vol. 7 No. 1 (2026): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.7.1.2026.18-25

Abstract

The purpose of this study is to determine and explain the legal implications of forced evictions in the city of Dili on the human rights of citizens and to determine and explain the state's responsibility in protecting citizens' housing rights from the practice of forced evictions in the city of Dili. The approach method uses a normative juridical approach to law, which is carried out by examining written norms, thus forming secondary data, sourced from primary, secondary, and tertiary legal materials. The data obtained is then analyzed using a qualitative analysis approach. Based on the results of the conclusion that the legal implications of forced evictions in Dili City on the human rights of citizens are a violation of international law and the national law of Timor Leste, which has the potential to cause social instability, poverty and vulnerability, especially for vulnerable groups. Forced evictions in areas such as Tasi Tolu in Timor-Leste violate human rights, including the right to adequate housing, the right to a decent standard of living, and the right to security. The State's Responsibility in Protecting Citizens' Housing Rights from Forced Eviction Practices in Dili City to protect the right to housing from forced evictions in Dili is realized through the constitution and laws they have made. The government has an obligation to respect, protect, and fulfill human rights, including the right to adequate housing, and to prevent discrimination in policy. This is affirmed in the constitution and supported by the enactment of the Land Law, which aims to clarify land ownership status and provide a mechanism for dispute resolution.
Co-Authors Francisco Ruas Hornay Luzidia Dias Quintas