AIM AND SCOPE

Aim

Journal of Legal Pluralism and Customary Law is an international journal that examines the complex interactions between different legal systems within societies, with particular emphasis on legal pluralism and customary law in local, national, and global contexts. The journal aims to:

• Serve as an academic platform for researchers, legal practitioners, and scholars to publish empirical and theoretical research on legal pluralism and customary law from various regions worldwide;
• Promote interdisciplinary understanding of how formal state legal systems interact with non-formal systems, including customary law, religious law, and traditional law;
• Support the recognition and protection of indigenous peoples' rights and local communities within national and international legal frameworks;
• Develop theory and methodology in the study of legal pluralism, legal anthropology, and sociology of law; and
• Provide practical contributions to the formulation of inclusive legal policies that are responsive to the diversity of normative systems within societies.

Scope

The journal welcomes submissions in the following areas:

1. Legal Pluralism

• Classical and contemporary theories and concepts of legal pluralism
• Interactions between state law, customary law, and religious law
• Empirical studies on the coexistence of multiple legal systems in society
• Conflict and harmonization between legal systems
• Legal pluralism in the era of globalization and transnationalism

2. Customary Law and Traditional Legal Systems

• Documentation and analysis of customary law of various communities and ethnic groups
• Customary dispute resolution institutions and mechanisms
• Customary norms on natural resource governance, land tenure, and indigenous territories
• Change and transformation of customary law in the context of modernization
• Roles of customary chiefs, traditional institutions, and indigenous authorities

3. Indigenous Law and Indigenous Peoples' Rights

• Indigenous land rights and territorial rights
• Customary-based natural resource management rights
• Free, Prior, and Informed Consent (FPIC) in the context of customary law
• Protection of traditional knowledge and indigenous intellectual property
• Relationships between international law (UNDRIP) and domestic law concerning indigenous peoples

4. Legal Anthropology and Sociology of Law

• Ethnographic methods in legal research
• Law in everyday life
• Social construction of legal norms
• Relations between power, law, and society
• Reception of state law at the local level

5. Religious Law and Unofficial Law

• Interactions between religious law, state law, and customary law
• Sharia, customary law, and national law (particularly in Indonesia, Malaysia, and Muslim-majority countries)
• Unofficial law in ethnic communities, migrant groups, and diasporas
• Living law according to Eugen Ehrlich's concept

6. Dispute Resolution and Access to Justice

• Customary-based mediation, arbitration, and conciliation
• Forum shopping among judicial institutions (customary, religious, and state)
• Restorative justice in customary legal systems
• Access to justice for marginalized groups and indigenous communities

7. Legal Policy and Reform

• Constitutional recognition of customary law
• Decentralization and regional autonomy in customary law management
• Implementation of international court decisions on indigenous peoples' rights
• Legislation that accommodates legal pluralism

8. Case Studies and Documentation

• Empirical case studies from various regions (Asia, Africa, Americas, Pacific, Europe)
• Documentation of endangered customary legal systems
• Comparative studies of customary law across countries and cultures

Target Readership

• Academics and researchers in law, anthropology, sociology, and cultural studies
• Judges, prosecutors, lawyers, and legal practitioners handling customary law cases
• Activists and advocates for indigenous peoples' rights
• Policymakers and government officials
• Students of law, anthropology, and sociology programs