Analysis of Constitutional Law Review of the Government's Constitutional Obligations in the Effectiveness of State Policies Regarding the Protection of Women and Children
DOI:
https://doi.org/10.30659/icls.v6i1.54124Keywords:
Constitutional, Law, Legal, Obligation, Protection.Abstract
The protection of women and children constitutes a constitutional obligation of the state as explicitly mandated by the 1945 Constitution of the Republic of Indonesia and its implementing regulations. However, in practice, the effectiveness of state policies in ensuring the protection of these vulnerable groups still faces various challenges, including weak regulatory implementation, limited inter-agency coordination, and persistently high levels of violence and discrimination against women and children. This study aims to analyze the state's constitutional obligations from the perspective of constitutional law regarding the effectiveness of state policies in protecting women and children in Indonesia, as well as to identify the factors influencing the success of their implementation. This research employs a normative legal method with statutory, conceptual, and constitutional philosophical approaches. Data are collected through library research, including constitutional provisions, legislation, constitutional law literature, academic journals, and reports from national and international institutions related to the protection of women and children. The findings indicate that although constitutional obligations have been comprehensively formulated, the effectiveness of protection policies remains suboptimal due to a gap between constitutional norms and policy implementation in practice. Therefore, strengthening the state policy system is necessary through regulatory harmonization, enhancement of implementing institutions' capacity, and strengthening of oversight mechanisms to ensure more effective, just, and sustainable protection.
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