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All Journal Journal of Legal and Cultural Analytics (JLCA) Ipso Jure
Santos, Hercus Pereira dos
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Law, Crime, Criminology & Criminal Justice

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Customary Law in Timor-Leste Santos, Hercus Pereira dos
Journal of Legal and Cultural Analytics Vol. 4 No. 3 (2025): August 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i3.15345

Abstract

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.
The History of Torture or Inhuman and Degrading Treatment Seen from the Perspective of Human Rights The Case of Timor-Leste Santos, Hercus Pereira Dos
Ipso Jure Vol. 2 No. 10 (2025)
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ij.v2i10.60

Abstract

Human rights are inalienable and inherent to every individual from birth, encompassing fundamental guarantees such as the right to life, equality, security, health, image, and physical integrity. These rights exist to ensure that every human being can live with dignity, and therefore must be respected, protected, and upheld by the state. However, history shows that although human rights are theoretically innate, they have often been violated by those in power, particularly authoritarian regimes, and only gained recognition after prolonged struggles by communities against oppression. The state seeks stability and order, yet this objective can sometimes lead rulers to justify the violation of human rights. For this reason, mechanisms and advocates for human rights emerged to ensure that state power remains controlled and limited. Human rights must be integrated into constitutional and legal frameworks so that their protection becomes a national obligation. The experience of Timor-Leste under Portuguese colonization and Indonesian occupation highlights the critical importance of safeguarding human dignity and preventing the repetition of past violations. Torture and degrading treatment fundamentally contradict human rights because they harm life and dignity. In the contemporary world, human rights should not remain merely theoretical discussions but must be embedded in national laws to protect all citizens, particularly during times of conflict when violations are most likely to occur.
The History of Torture or Inhuman and Degrading Treatment Seen from the Perspective of Human Rights The Case of Timor-Leste Santos, Hercus Pereira Dos
Ipso Jure Vol. 2 No. 10 (2025)
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ij.v2i10.60

Abstract

Human rights are inalienable and inherent to every individual from birth, encompassing fundamental guarantees such as the right to life, equality, security, health, image, and physical integrity. These rights exist to ensure that every human being can live with dignity, and therefore must be respected, protected, and upheld by the state. However, history shows that although human rights are theoretically innate, they have often been violated by those in power, particularly authoritarian regimes, and only gained recognition after prolonged struggles by communities against oppression. The state seeks stability and order, yet this objective can sometimes lead rulers to justify the violation of human rights. For this reason, mechanisms and advocates for human rights emerged to ensure that state power remains controlled and limited. Human rights must be integrated into constitutional and legal frameworks so that their protection becomes a national obligation. The experience of Timor-Leste under Portuguese colonization and Indonesian occupation highlights the critical importance of safeguarding human dignity and preventing the repetition of past violations. Torture and degrading treatment fundamentally contradict human rights because they harm life and dignity. In the contemporary world, human rights should not remain merely theoretical discussions but must be embedded in national laws to protect all citizens, particularly during times of conflict when violations are most likely to occur.
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