Constitutional Law and Human Rights Protection: Evaluating State Responsibility for Serious Human Rights Violations

Abstract

This research examines the relationship between constitutional law and human rights protection in evaluating state responsibility for serious human rights violations. The study aims to analyze the effectiveness of constitutional mechanisms in ensuring accountability, protecting victims’ rights, and strengthening institutional responsibility within democratic legal systems. The research employs a qualitative method using a doctrinal-comparative and socio-legal research design because this approach enables comprehensive interpretation of constitutional principles, institutional practices, and human rights accountability mechanisms. Indonesia was selected as the primary research location due to its constitutional transformation, democratic development, and continuing challenges related to unresolved human rights violations. The study involved six purposively selected informants consisting of constitutional law scholars, judicial experts, human rights practitioners, and civil society representatives. The informants were chosen based on their expertise, institutional involvement, and professional experience related to constitutional accountability and human rights protection. The findings demonstrate that constitutional guarantees formally recognize human rights protections; however, implementation remains constrained by political intervention, institutional weakness, and inconsistent judicial enforcement. The research concludes that effective constitutional accountability requires stronger judicial independence, institutional reform, harmonization with international human rights standards, and victim-centered legal protection mechanisms. The study recommends strengthening constitutional institutions, improving accountability procedures, and enhancing cooperation between domestic and international human rights frameworks.