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All Journal Jurnal Ilmu Hukum The Juris Unes Law Review
Remigio Pereira da Cruz
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Law Enforcement of State Losses Through Civil Proceedings: Exploration of the Role and Analysis of Alternative Options in Corruption Cases Remigio Pereira da Cruz; Alarico Mendonca Tilma; Avelino Coelho da Silva
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1850

Abstract

Corruption in Timor-Leste has become a chronic issue that harms the country's finances and economy, as well as violates the social and economic rights of the people. Efforts to recover state financial losses due to corrupt practices through civil proceedings have not been optimal, with the focus being more on criminal prosecution, which has proven to be ineffective. This research aims to examine the concept of recovering state financial losses through civil processes in Timor-Leste, identify obstacles in filing civil lawsuits, and formulate an ideal model and specific regulations for civil lawsuits in the context of recovering the proceeds of corruption. The study uses a qualitative approach by examining relevant legal documents and analyzing the judicial process and financial management in Timor-Leste. The focus of this research is on the application of civil lawsuit rules in recovering the proceeds of corruption and the challenges faced. The results show that the use of civil forfeiture can be a solution to expedite the recovery of corrupt assets through civil proceedings. The research also found obstacles in civil lawsuits, such as the ineffectiveness of criminal prosecution in reducing corruption and the need for anti-corruption legal reforms to improve the mechanism for recovering corrupted state assets. The proposed ideal model includes strengthening the role of the administrative tax and accounts court in examining the management and financial responsibility of the state, as well as placing civil lawsuits as the primary legal effort in combating corruption. This research underscores the importance of legal reforms and the implementation of civil lawsuits as the main strategy in fighting corruption in Timor-Leste. The use of civil forfeiture and asset confiscation through administrative channels is necessary to expedite the recovery of corrupt assets and reduce state financial losses.
Law Enforcement of State Losses Through Civil Proceedings: Exploration of the Role and Analysis of Alternative Options in Corruption Cases Remigio Pereira da Cruz; Alarico Mendonca Tilma; Avelino Coelho da Silva
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1850

Abstract

Corruption in Timor-Leste has become a chronic issue that harms the country's finances and economy, as well as violates the social and economic rights of the people. Efforts to recover state financial losses due to corrupt practices through civil proceedings have not been optimal, with the focus being more on criminal prosecution, which has proven to be ineffective. This research aims to examine the concept of recovering state financial losses through civil processes in Timor-Leste, identify obstacles in filing civil lawsuits, and formulate an ideal model and specific regulations for civil lawsuits in the context of recovering the proceeds of corruption. The study uses a qualitative approach by examining relevant legal documents and analyzing the judicial process and financial management in Timor-Leste. The focus of this research is on the application of civil lawsuit rules in recovering the proceeds of corruption and the challenges faced. The results show that the use of civil forfeiture can be a solution to expedite the recovery of corrupt assets through civil proceedings. The research also found obstacles in civil lawsuits, such as the ineffectiveness of criminal prosecution in reducing corruption and the need for anti-corruption legal reforms to improve the mechanism for recovering corrupted state assets. The proposed ideal model includes strengthening the role of the administrative tax and accounts court in examining the management and financial responsibility of the state, as well as placing civil lawsuits as the primary legal effort in combating corruption. This research underscores the importance of legal reforms and the implementation of civil lawsuits as the main strategy in fighting corruption in Timor-Leste. The use of civil forfeiture and asset confiscation through administrative channels is necessary to expedite the recovery of corrupt assets and reduce state financial losses.
STATE RESPONSIBILITY IN ENFORCEMENT OF CITIZENS' CONSTITUTIONAL RIGHTS IN LAND EXECUTION CASES IN TIMOR LESTE Carolina da Cruz; Remigio Pereira da Cruz
The Juris Vol. 9 No. 2 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i2.1975

Abstract

The purpose of this study is to explain and understand the State's Responsibility in Enforcing Citizens' Constitutional Rights in Land Execution Cases in Timor Leste. To explain and understand the Indonesian Government in this case to realize protection and justice for its citizens whose land rights are threatened or lost after the release of Timor Leste. This research uses a normative juridical legal research method. The type of approach used in this research is a case study approach. The sources of normative legal research are primary legal materials, secondary legal materials, and non-legal materials. This study uses a qualitative analysis method. Based on the conclusion that the responsibility of the Timor-Leste state in enforcing the constitutional rights of citizens in land execution cases is represented by the development of land laws to harmonize various legal regimes, namely by developing laws that combine and clarify land rights and the process of claims that are violated and recognize property rights and clarify the legal status of immovable property. The state is also responsible for protecting and upholding the rights of citizens as a whole as stated in the Constitution. The Indonesian government has sought to provide protection and justice for citizens who lost their land rights after the secession of Timor-Leste through various policies, including the establishment of the Truth and Friendship Commission to address human rights violations, and support for resolving land issues through various legal and non-legal mechanisms. However, these efforts often face challenges of legal and bureaucratic complexity, which require special and comprehensive handling from the government.
Co-Authors Alarico Mendonca Tilma Avelino Coelho da Silva Carolina Da Cruz