Study of Constitutional Law after the Amendment of the 1945 Constitution on the Protection of Women and Children as a Constitutional Obligation of the State

Erick Agustian

Abstract


Following the amendments to the 1945 Constitution of the Republic of Indonesia, there has been a strengthening of the rule of law principle and a clearer affirmation of human rights guarantees, including the protection of women and children as part of the state's constitutional obligations. Although the constitutional framework has been significantly strengthened normatively, in practice the protection of women and children still faces various challenges, such as high rates of violence, discrimination, and suboptimal effectiveness of state policy implementation. This study aims to analyze the development of constitutional law after the amendments to the 1945 Constitution regarding the protection of women and children as a constitutional obligation of the state, as well as to examine the effectiveness of state policy implementation in realizing such protection. This research employs a normative legal method with statutory, conceptual, and historicalconstitutional approaches. Data are collected through library research involving the post-amendment 1945 Constitution, relevant legislation, constitutional law literature, academic journals, and reports from national and international institutions. The findings indicate that the constitutional amendments have strengthened the legal foundation for the protection of women and children; however, there remains a gap between constitutional norms and policy implementation in practice. Therefore, strengthening regulatory harmonization, enhancing institutional capacity, and improving oversight mechanisms are necessary to ensure that the protection of women and children as a constitutional obligation of the state can be effectively realized.

Keywords


Human Rights, Legal Studies

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ISSN: 2986-4089