State Responsibility and Constitutional Protection for Women and Children in Indonesia: Between Legal Norms and Implementation

Abstract

The protection of women and children constitutes an essential aspect of state responsibility as guaranteed by the Constitution of Indonesia and various national and international human rights instruments. Although the legal framework has significantly evolved through constitutional provisions, statutory regulations, and public policies, its implementation continues to face substantial challenges, including the high incidence of violence against women and children, unequal access to justice, and insufficient institutional coordination in ensuring effective protection. This paper aims to examine the state's responsibility in providing constitutional protection for women and children in Indonesia and to analyze the gap between legal norms and their practical implementation. This study employs normative legal research using statutory, conceptual, and case approaches. The data are analyzed qualitatively through the examination of legislation, judicial decisions, and relevant academic literature. The findings indicate that Indonesia has established a relatively comprehensive constitutional and legal framework to protect the rights of women and children. However, the effectiveness of such protection remains constrained by weak law enforcement, limited institutional capacity, low public legal awareness, and inadequate coordination among relevant stakeholders. Accordingly, strengthening policy implementation, enhancing the capacity of law enforcement institutions, and harmonizing legal and institutional frameworks are necessary to ensure more effective constitutional protection for women and children in Indonesia.