Aims & Scope

Pamana: Journal of Customary Law is a peer-reviewed academic journal dedicated to the comprehensive study of customary law and the rights of indigenous peoples. The word "Pamana," meaning "heritage" in several Philippine and Indonesian languages, reflects our commitment to preserving, critically examining, and advancing the rich legal traditions that have been passed down through generations as a living heritage.

The journal serves as a premier forum for scholars, legal practitioners, anthropologists, indigenous leaders, and policy-makers to engage in interdisciplinary dialogue on the complex dynamics of legal pluralism. We aim to bridge the gap between normative legal studies and the socio-political realities of indigenous communities, fostering a deeper understanding of how customary law functions, adapts, and interacts with state law and global norms.

We publish original research articles, critical reviews, and case studies that contribute to the theoretical and practical understanding of customary law. The journal welcomes submissions that employ a variety of methodologies, including doctrinal legal research, socio-legal studies, comparative law, and legal anthropology.

The scope of Pamana: Journal of Customary Law includes, but is not limited to, the following topics:

  1. Legal Pluralism and State Recognition: The position of customary law within national legal systems; constitutional recognition of indigenous peoples' rights; the implementation of international frameworks (such as UNDRIP ILO Convention 169) at the local level.

  2. Indigenous Land and Resource Rights: Studies on ulayat (communal) land rights; forest and marine tenure systems; the impact of development, extractive industries, and agrarian reform on indigenous territories; and legal strategies for land mapping and certification.

  3. Traditional Governance and Dispute Resolution: The structure and authority of customary institutions (Lembaga Adat); the role of traditional leaders; the mechanisms and effectiveness of customary courts and restorative justice in resolving civil and criminal disputes.

  4. Synchronization of Customary and National Law: Efforts to harmonize or integrate customary norms into local regulations (Perda) and national legislation; studies on the formalization of customary law.

  5. Anthropology and Sociology of Law: Ethnographic studies of living law (living law) in indigenous communities; the social construction of norms; customary law and gender relations; and the protection of vulnerable groups within customary systems.

  6. Intellectual Property and Cultural Heritage: Legal protection for traditional knowledge, traditional cultural expressions, and genetic resources associated with indigenous communities against misappropriation and commercialization.

  7. Comparative Indigenous Law: Comparative studies between different customary law systems within a nation; and cross-national comparisons with indigenous legal systems in other parts of the world (e.g., Maori law in New Zealand, First Nations law in North America, or Sami law in Scandinavia).

  8. History and Philosophy of Customary Law: The historical evolution of customary law from the pre-colonial era to the present; the philosophical foundations, values, and worldviews that underpin indigenous legal orders.