Indonesia as The legal state declares this matter in the Indonesian constitution, namely in Article 1 Paragraph 3 of the 1945 Constitution which reads “Indonesia is a Law State.” The consequences of this are also written in Article 27 paragraph 1, namely “All citizens together in the law and government and are obliged to uphold the law and government with no exceptions. Based on this, the authors raise the issue as follows 1. Why does the Legislation have to be gender based? 2. How to guard against women’s constitutional rights in Indonesia? To answer this, then this paper uses this source of legal material consisting of a. Primary sources or authorities were the Constitution State of the Republic of Indonesia in 1945. b. Secondary legal document for reading materials related to the problem under study. c. Tertiary legal materials, in the form of dictionaries and legal encyclopedias. That within the state of law, the rules of legislation that are created must contain the values of justice for all people. Speaking of truth, the solution must be to instill gender equality. Gender equality means the balance of conditions for men and women to obtain opportunities and their rights as human beings, so that they can play a role and participate in political, legal, economic, socio-cultural, educational and defense and security activities, and similarities in enjoying the results of development. Gender equality also includes eliminating discrimination and structural injustice for both men and women. Gender justice is a process and fair treatment of women and men. The 1945 Constitution of the Republic of Indonesia applies to every Indonesian citizen. It can be seen from the formulation that uses the phrase “everyone,” “all citizens,” “every citizen,” or “every citizen,” which shows that each citizen owns the constitutional rights without distinction, either based on ethnicity, religion, political beliefs, or gender. These rights are recognized and guaranteed for every citizen for both men and women. Keywords: Women; constitutional rights; gender.