LEGALANALYSIS ON THE INTERDEPENDENT COMPETENCES BETWEEN STATE AGENCIES IN ENACT OF THE VOLUNTAR ARBITRATION LEGAL REGIME (A STUDY FROM TIMOR-LESTE GOVERNMENT)

Abstract

The adoption of separation of power principles given by Montesqiu in governing the state in Timor-Leste is clearly granted by its 2002 Constitution. However, the debate on its interdependent competence in regard to the legislatif initiative and authority delegation to enact any regime remain doubted. Include in this study on these two major organs of executive lead by the government and the legislatif led by the parliament on its interdependent competence on enacting of the Voluntary Arbitration Legal Bill in Timor-Leste. Early this year, the Timor-Leste Government enacted a new Voluntary Arbitration Legal Bill aligned with passing a Government Resolution on the Convention on the Recognition and Enforcement of Foreign Arbitral Award (convention on the recognition and implementation of foreign Arbitration Awards). This Convention has been ratied by the Timor-Leste National Parliament through the Resolution number 3/V/2 dated 20 January 2021 concerning Timor-Leste's accession to the 1959 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This study examined the interdependence on the separation of powers in a two dominant competence system which are the government with the competence of Delegation Authorities to initiate a legislation and the parliament with the attribution to enact a legal regime and more over to the political decision on proposed law of the Voluntary Arbitration Legal Bill. Hence, this study resume that, although the government competence attribute by the constitution were stipulated clearly in Timor-Leste Constitution in article 115 (3) such as its competence to has exclusive legislative competence on matters concerning its own organization and functioning, as well as on the direct and indirect administration of the State. Hence this competence provide authorities to propose and drafting any legal regime that matters to government concern only as authorized by the parliament only as compared to the article 96 point 1 line k) on legislatif authorities as well as article 97 point 1 line 3) on legislatif initiative which government hold the delegation authorized only by the parliament to initiate legislation and in regards to the general rules and regulations for the requisition and expropriation for public utility; furthermore to enact the Voluntary Arbitration Legal Regime for its citizens.