Customary Law Practices in Timorese Society: Traditional Justice, Legal Pluralism, and the Tension with Human Rights

Abstract

This article examines the practice of customary law (traditional justice) in Timorese society and its position within the legal pluralism adopted by the State of TimorLeste. Drawing on field interviews conducted in 2020 with community leaders, elders, and liana'in in the sucos of Ulmera and Funar, the study explores how traditional justice continues to operate alongside the formal state justice system more than two decades after independence. The findings show that traditional justice is valued for its speed, simplicity, accessibility, and its central objective of reconciliation between conflicting parties, in contrast to the individualistic and timeconsuming character of state justice. At the same time, the practice reveals significant limitations, particularly the neartotal exclusion of women from decisionmaking roles and the coercive influence of supernatural belief and fear of curses in compelling compliance. The article situates these findings historically, tracing the persistence of customary authority through the Portuguese and Indonesian periods and the introduction of democratic ruleoflaw concepts under the UN Transitional Administration. It concludes that while the Constitution of TimorLeste implicitly recognises nonjurisdictional dispute resolution and the State increasingly values traditional justice as a partner to formal courts, greater attention to gender equality within customary structures is needed to reconcile traditional practice with international human rights standards