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Tittle : LEGAL ANALYSIS OF THE PRESIDENT'S DECREE CONCERNING APPOINTMENT AND APPOINTMENT OF GOVERNMENT CABINET MEMBERS

Author(s) : Miguel da Silva

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Abstract:

About the legal analysis of the presidential decree concerning the appointment and inauguration of members of the government cabinet, it is convening a member of the government cabinet, about state issues, namely the philosophical question of the president must be under the Constitution, sociological issues of members of the government cabinet, one of the most important institutions also for the people of Timor-Leste. The government is planning its program to submit a proposal for discussion in the national parliament to respond to national development, the juridical issue that the constitution has regulated the president's authority to issue decrees must be based on the 2002 constitution, the political issue that the national parliament and the government have the initiative to carry out government programs under with, the theoretical problem that the prime minister wants to equip members of the government cabinet. formulation of the first problem The element of the force of law in the presidential decree of the Democratic Republic of Timor-Leste. second, Analysis of the Legal Basis of the Decree of the President of the Republic using constitutional theory as the highest norm in the RDTL State, the theory of power that every State institution has constitutional power, the theory of authority that every State in carrying out its functions and duties is following the authority outlined in the constitution and the concept of The rule of law that the RDTL State adheres to a mixed legal system adopts three legal concepts, namely the concept of law (Rechtsstaat) the concept of law ( Rule of Law ) and ( An Elementary Approach to the Rule of Law ) to explain the problems discussed. The political triad divides the institutions of state sovereignty, the legislation of each government cabinet has a ministerial decree-law.
This study uses a normative juridical method, with approaches including the Legislative Approach, conceptual approach, historical approach, and analytical approach, and the purpose of this research is to be able to find theoretical basic thoughts to realize the legal analysis of presidential decrees regarding the appointment and inauguration of cabinet members. Government.
The theoretical basis for the appointment of government cabinet members is as contained in article 86 letter (h) of the RDTL Constitution, which regulates the appointment, inauguration, anddismissing of members of the Government at the suggestion of the Prime Minister, according to no.2Chapter10 6, so the president of the Republic has the authority to issue decree no. 19 of 2018 based on article 106 paragraph (2) of the 2002 RDTL constitution stipulates that other members of the Government are appointed by the President of the Republic at the suggestion of the Prime Minister.

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