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Upaya Diplomasi Persuasif dalam Penyelesaian Sengketa Wilayah Kashmir antara India dan Pakistan Arvi Octabiana; Aan Anisah; Muhammad Arvin Zakiy Fuadi; Syafiqa Nadhira Kusuma; Deriel Pratama Putra; Surya, Bintang Afifah Nailah
AL-BAHTS: Jurnal Ilmu Sosial,Politik, dah Hukum Vol 2 No 2 (2025): AL-BAHTS: Jurnal Ilmu Sosial, Politik, dan Hukum
Publisher : Universitas Islam Indragiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32520/albahts.v2i3.4286

Abstract

The Kashmir conflict between India and Pakistan has been ongoing since 1947, making it one of the most complex territorial disputes in the world. The situation is exacerbated by colonial legacies, differences in national identity and religion, and the strategic interests of these two nuclear-armed nations. Various attempts at resolution, whether through diplomatic pressure, military action, or the involvement of international entities such as the United Nations (UN), have failed to produce a lasting peaceful resolution. An alternative approach known as persuasive diplomacy has emerged, with the UN playing an important role through the UNMOGIP mission responsible for monitoring ceasefire violations. However, the effectiveness of UNMOGIP has been limited by restricted access, mandate constraints, and a lack of cooperation, particularly from India following the 1972 Simla Agreement. The principle of self-determination through a referendum is often suggested as a peaceful resolution; however, its implementation is hindered by conflicting territorial claims and the domestic political landscape in both countries. The lack of mutual trust, the influence of local factions, and the continued exploitation of the Kashmir issue for domestic political gain further complicate the negotiation process. This study emphasizes that the effectiveness of persuasive diplomacy is significantly influenced by domestic political stability, willingness to compromise, and active support from the international community. Therefore, while persuasive diplomacy holds considerable promise for promoting peace, the existing structural and political obstacles mean that this strategy requires strong commitment from all parties involved, reforms within the international framework, and the adoption of a comprehensive approach that takes into account the historical context, collective identity, and aspirations of the Kashmiri people to achieve a fair resolution.
Keterbatasan Transparansi DPR Dan Dampaknya Terhadap Kinerja Legislasi : Analisis Partisipasi Publik Dalam Kasus UU Cipta Kerja Syafiqa Nadhira Kusuma; Janter Panjaitan; Unggul Pamekas; Adhirajasa Shidqi Muhamad; Rafli Akbar Rafsanjani; Fidanzani Zulfadikhan Azhar; Kuswan Hadji
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 2 No. 4 (2025): Desember : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v2i4.2686

Abstract

This article examines the limitation of transparency within the Indonesian House of Representatives (DPR) during the formulation of the Job Creation Act (Law No. 11 of 2020) and its implications for legislative performance and public participation. Transparency represents a fundamental requirement in a democratic legal system as it ensures accountability, public oversight, and the legitimacy of legal products. However, the legislative process of the Job Creation Act demonstrated significant procedural issues, including inconsistent draft versions, restricted access to essential documents, accelerated deliberation, and the marginalization of meaningful public participation. This study highlights how these limitations hinder the public’s constitutional rights, weaken legislative oversight, and create asymmetrical power relations that enable elite dominance in policymaking. The lack of transparency also led to procedural defects acknowledged by the Constitutional Court, reflecting a systemic decline in democratic legislative practices. Using a normative juridical method supported by legislative analysis and doctrinal studies, this paper argues that the absence of transparency not only reduces the quality of participation but also erodes the legitimacy and accountability of the DPR. The findings emphasize the urgent need for open access to legislative documents, inclusive public consultation, and strengthened accountability mechanisms to ensure democratic and lawful policy making.