PENYELESAIAN SENGKETA DIWILAYAH KASHMIR ANTARAINDIA DAN PAKISTAN DARI PERSPEKTIF HUKUM INTERNASIONAL

Abstract

The dispute over Kashmir was very influential and disturbing in the South Asian region, due to disputes between the two major countries namely India and Pakistan. The feud of two nations for the territory of Kashmir as the territory is still continuing and has attracted much attention from various countries in the dispute resolution efforts. The border sangketa of Kashmir has put a serious challenge for analysts as well as policymakers because the conflict is complex and heterogeneous. Kashmir was a predominantly Muslim region of the north, which had long been disputed after the British came out. Kashmir located on the border between India, Pakistan and China became a region of scramble by all three countries to this day, mainly India and Pakistan. The formulation of the problem to be researched is (1), How are dispute resolution rules between regions under international law. (2) How the dispute resolution in the region of the Khasmir occurred between India and Pakistan. The research is done in a descriptive, typology of this research is a normative juridical is a research law literature. Based on the results of the study can be concluded arrangements in international dispute resolution can be conducted by means of the settlement of a judicial institution consisting of (i) the arbitral tribunal, (ii) settlement through the International Mahkama (ICJ), (iii) Settlement of disputes through the International Criminal Court and with peaceful dispute resolution, the Kashmir territorial dispute occurred due to the conflict of the political interests of both countries and the powers manifested by unilateral claims from India or Pakistan so that the settlement decided the UN to try a new approach by sending UN representatives to India and Pakistan to find solutions that can be agreed upon by both countries. For this to see the better recticatory justice which can further trace the issue.