Reconstructing the State's Constitutional Responsibility for Guaranteeing the Constitutional Rights of Women and Children against Human Trafficking and Exploitation Based on the Value of Justice

Abstract

Human trafficking and the exploitation of women and children remain serious challenges, indicating that the implementation of the State's constitutional responsibility to protect the constitutional rights of its citizens has not yet been fully optimized. Although Indonesia has enacted various legal instruments to address these crimes, their implementation continues to face significant challenges, including weak inter-agency coordination, ineffective law enforcement, and the absence of an integrated protection policy that prioritizes the best interests of victims. This article aims to analyze the implementation of the State's constitutional responsibility in protecting the constitutional rights of women and children against human trafficking and exploitation, identify the weaknesses in the existing legal framework and its implementation, and formulate a reconstructed model of the State's constitutional responsibility based on the value of justice. This study employs normative legal research using statutory, conceptual, and case approaches. The research relies on primary, secondary, and tertiary legal materials, which are analyzed using a prescriptive method. The findings indicate that the existing legal protection for women and children has not fully reflected constitutional mandates, as it remains primarily focused on prosecuting offenders, while prevention, victim recovery, empowerment, and State accountability have not been optimally implemented. Therefore, reconstructing the State's constitutional responsibility is essential through strengthening integrated policies, harmonizing legal regulations, enhancing inter-agency coordination, and adopting a human rights-based and justice-oriented approach. Such reconstruction is expected to establish effective, comprehensive, and equitable legal protection for women and children as an integral part of upholding the rule of law and safeguarding the constitutional rights of citizens.