Constitution Law and State Responsibility in Protecting Women and Children

Abstract

As a rechtsstaat, the Indonesian state bears a constitutional responsibility to protect, respect, and fulfill human rights, including the rights of women and children who are sociologically vulnerable to discrimination and violence. This article examines the constitutional law foundations of state responsibility in protecting women and children and identifies the gap between legal norms and their implementation. The research employs a normative juridical method using statutory and conceptual approaches), The findings indicate that state responsibility for the protection of women and children has been institutionalized constitutionally through Articles 28B and 28I of the 1945 Constitution, elaborated through various organic statutes, and reinforced by the ratification of international legal instruments. Nevertheless, the effectiveness of such protection still faces structural, institutional, and cultural challenges that require strengthened cross-sectoral coordination and consistent law enforcement.