State Responsibility for Protecting Women and Children from Human Trafficking: An International Law Perspective

Abstract

Human trafficking is a transnational crime and a serious human-rights violation that disproportionately affects women and children. This article examines the scope of state responsibility under international law and evaluates Indonesia’s implementation of duties to prevent trafficking, identify and protect victims, investigate offenders, and provide effective remedies. The study uses normative legal research through statutory, conceptual, international-instrument, and human-rights approaches. The collected legal materials were analysed qualitatively through legal interpretation and systematic analysis to assess Indonesia's compliance with international obligations concerning the protection of women and children who are victims of trafficking. It analyses the Palermo Protocol, CEDAW, the Convention on the Rights of the Child, ACTIP, the Articles on State Responsibility, Indonesian legislation, and recent Indonesian scholarship. The study finds that responsibility is not limited to criminalisation. States must exercise due diligence against foreseeable risks, apply gender-sensitive and child-sensitive identification, prevent punishment for compelled conduct, address official complicity, secure restitution, support long-term recovery, and coordinate cross-border protection. Indonesia has established a broad legal framework, but fragmented coordination, inconsistent screening, weak execution of restitution, uneven regional capacity, and digital recruitment reduce its effectiveness. The study proposes a novel integrated state-responsibility model that combines due diligence obligations, victim-centred protection, effective remedies, cross-border cooperation, and measurable indicators to strengthen anti-trafficking governance in Indonesia.