Legal Review of Law Number 9 of 2016 Concerning the Election of Suco Council Candidates in Timor-Leste
DOI:
https://doi.org/10.3007/36ax7z32Keywords:
Judicial Review, Village Council Election, Law Number 9 of 2016, Concerning Justice, Democracy, Community ParticipationAbstract
The importance of examining the conformity of the regulations in Law Number 9 of 2016 with the principles of justice, democracy, and community participation is the main pillar in the national legal system that must be used as a reference in every public policy formulation, including in the arrangement of the Village Council elections. Therefore, a comprehensive analysis of the legal norms regulated in Law Number 9 of 2016 is needed, in order to identify existing weaknesses and formulate rational and applicable solutions to improve the Village Council election system in the future.
The method used is a normative juridical research method, with a statutory approach and a conceptual approach. The research data source consists of primary legal materials in the form of relevant laws and regulations, secondary legal materials in the form of literature and doctrines of experts, and tertiary legal materials as support for the analysis. The data obtained were then analyzed in a qualitative descriptive manner by examining the conformity of legal norms in Law Number 9 of 2016 to the principles of democratic and participatory law.
The results of the study show that the regulation in Law Number 9 of 2016 concerning the election of the Village Council still has normative weaknesses, especially in the aspect of transparency and community representation. The provisions regarding the use of ballot cards without a photo of the candidate and candidacy carried out on election day, the second round of elections held at midnight after the counting is completed, have the potential to reduce information disclosure for voters and do not fully reflect the principles of fairness and public participation. Therefore, it is necessary to revise and improve legal norms so that the arrangement of the Village Council election can better guarantee the principles of justice, inclusiveness, and democracy as mandated in the constitution and applicable laws and regulations.
This research contribute to the development of legal science, especially in the field of constitutional law and village government law, as well as provide constructive recommendations for policymakers in improving the village council election system in Timor-Leste. In addition, the results of this research are also expected to be a reference for the community and other stakeholders in understanding the importance of transparent, fair, and participatory Village Council election arrangements as part of efforts to realize democratic and socially just village governance.
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