The State's Responsibility for the Fulfillment of Citizens Rights in the Context of Realizing the New Indonesian

Abstract

The fundamental responsibility of the state in realizing the ideals of the New Indonesian Socialist (NIS) is rooted in the constitutional mandate to guarantee substantive social justice through the doctrine of the Welfare State, where the state is obliged to respect, protect, and fulfill the basic rights of citizens such as the right to decent work and education. The main problem arises from the contradiction between these normative obligations and the reality of implementation, which is often hampered by development gaps and bureaucratic inefficiency. The purpose of this study is to analyze in depth the extent of the role of the state in the fulfillment of citizens' rights within the framework of the NIS and identify the factors that hinder the optimization of these responsibilities. This study uses a normative juridical method combined with a descriptive-analytical qualitative approach to analyze the alignment between the New Indonesian Socialist NIS framework and constitutional obligations. The analysis is focused on primary legal instruments such as the 1945 Constitution of the Republic of Indonesia and literature related to the theory of the Welfare State, with data collection entirely carried out through literature studies to critically map the reality of public policy implementation. The results of the discussion show that state responsibility is closely related to the concept of the Welfare State, demanding the fulfillment of rights progressively through three dimensions of obligations (respect, protect, fulfill). Although the juridical basis in the 1945 Constitution has comprehensively regulated basic rights, its implementation still faces significant structural obstacles such as corruption, resource inequality, and weak law enforcement, which hinder the realization of substantive social justice in accordance with the spirit of the New Indonesian Socialist.