Reconstructing the State's Constitutional Responsibility in Protecting Women and Child Victims of Human Trafficking in Indonesia

Abstract

Human trafficking constitutes one of the most serious and complex forms of human rights violations in the era of globalization. This crime not only deprives individuals of their freedom but also violates fundamental human rights, particularly those of women and children who are among the most vulnerable groups to become victims. Although Indonesia has adopted various national and international legal instruments aimed at combating the crime of human trafficking, trafficking practices continue to persist through increasingly sophisticated and evolving methods. This condition indicates the existence of a gap between legal norms and the implementation of state protection mechanisms. This study aims to analyze the constitutional basis of the state's responsibility in protecting women and child victims of human trafficking and to formulate a more effective reconstruction model of protection from the perspective of constitutional law. This research employs a normative juridical method using statutory, conceptual, and human rights approaches. The findings reveal that the state's responsibility is not limited merely to establishing legal regulations but also encompasses constitutional obligations to prevent trafficking, protect victims, provide recovery mechanisms, and ensure the sustainable fulfillment of victims' rights. Therefore, a reconstruction of a more integrated constitutional protection system is required through regulatory harmonization, institutional strengthening, and the optimization of victim recovery mechanisms.