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Building a Justice System for the Defence of Human Rights in Timor-Leste (A Contribution to Judicial Reform in a Democratic State of Law) Hercus Pereira dos Santos
Jurnal Ar Ro'is Mandalika (Armada) Vol. 5 No. 1 (2025): JURNAL AR RO'IS MANDALIKA (ARMADA)
Publisher : Institut Penelitian dan Pengembangan Mandalika Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/armada.v5i1.5377

Abstract

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 must be applied in accordance with the Universal Declaration of Human Rights, with the primary objective of respecting and valuing human rights.
The Problem of Cultural Exception in the Courts Hercus Pereira dos Santos
Jurnal Ilmu Hukum Vol. 1 No. 3 (2026): Maret-Mei
Publisher : Jurnal Ilmu Hukum

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Abstract

As we know that we men always live within a culture and this culture at the same time is the product of human beings, but then men must subjugate to this culture that they produce, that is, the culture that men produce will then shape the way men think, perceive and act in life. Man and culture have an inseparable relationship and that the culture that men create later, this culture is what will regulate the lives of men. But then there are some cultural practices that can contradict state norms – positive law, and that can create major conflicts with the International System for the Protection of Human Rights. This reality as a challenge that Timor-Leste seeks to solve and the solution that Timor-Leste takes is to value cultures that do not contradict state law and Human Rights. It prohibits and penalizes cultural practices that contradict state law and Human Rights. Timor-Leste as a member state of the United Nations and which is also part as a member of UNESCO (United Nations Educational, Scientific and Cultural Organization) as of November 3, 2003 has its commitment to value the local culture of its people. But Timor-Leste also shows its strong commitment also to the protection of Human Rights since its independence where Timor-Leste has already ratified many international instruments for the protection of Human Rights. Therefore, this shows that, Timor-Leste, on the one hand, must value and guarantee the citizen's right to culture, but on the other hand, Timor-Leste must protect the human rights of every citizen. In the legal system of many countries and also in the Timorese legal system, we can say that there is room to give importance to culture in the Court, but it must give greater primacy to state law (positive law) and the International Human Rights System in any decision that the Court takes. Cultural issues can be valued and considered when they help to better interpret respect in the application of state-positive law and international human rights systems.