An Analysis of the Law on the Determination of the President's Veto Right Against the Draft Budget of State Revenue and Expenditure Based on the Constitution of the Democratic Republic of Timor-Leste

Abstract

The research's title is a study of the law determining the president's veto right against the draft law on state revenue and expenditure based on the 2002 Constitution of the Democratic Republic of Timor-Leste. Presidential veto and interruption in the process is  opposite  of  his  constitutional  status  of  neutral arbiter. As stated in article 88 paragraph (1) and (2) of the Republic Democratic of Timor-Leste Constitution of 2002, the President of the Republic has veto power over any Draft Law, including the State Budget in this case. However, enforcing this veto right creates various issues, including: First, there are legal issues where there is a gap in the law because the regulation of norms regarding the 30-day period is still not explicitly explained in article 88 paragraph (1) of the Republic Democratic of Timor-Leste Constitution, so a special regulation governing the President of the Republic's veto is required. Second, in terms of sociological considerations, deciding on veto rights can have negative consequences for the community's order of life, creating concerns. Is it the President's prerogative, in the form of a republican government, to determine the President's Veto Rights against the APBN Law, in compliance with the mandate of the Republic Democratic of Timor-Leste constitution of 2002? Is the President's Veto Rights on the State Budget Bill being determined in accordance with Article 88 of the Republic Democratic of Timor-Leste Constitution of 2002? It will also employ normative legal research methodologies, including types of normative jurisidist research, statutory approaches, conceptual analysis, and historical approaches, in the acquisition of legal resources and the study of interpretation and legal construction procedures. As a result, determining the President's Veto Rights on the draft bill of the annual state budget is the President's prerogative, which other institutions cannot interfere with.  Second, the President's Veto Rights on the APBN Bill have been determined in accordance with article 88 of the Republic Democratic of Timor-Leste Constitution of 2002.  Whereas, because his powers cannot be interfered with by other state institutions, the President's Veto Rights on the APBN Bill are determined by the President's prerogative to reject and ratify submissions from the National Parliament. The President might ask for a review from the court and/or send it back to the National Parliament for consideration. Second, the President's Veto Rights on the APBN Bill were determined in accordance with Article 88 of the 2002 Republic Democratic of Timor-Leste Constitution, because the President of Republic Democratic of Timor-Leste did not seek input from other institutions in determining a veto over the draft bill of annual state budget. The veto power taken by the president in the step of decreeing a veto against the APBN Law itself is in the form of Absolute Veto or against the package of laws as a whole.