The article addresses the highly relevant issue concerning the new phase of the International Law Commission’s work which dates back to the turn of the 21st century and marks a pivotal shift in its approach to ‘packaging’ its final outcomes driven by the exhaustion of the Commission’s codification projects, and changes in its composition and decision-making procedures. The article provides a comprehensive overview and analysis of the Commission’s working methods. The author argues that today, the criticism of the Commission’s work associated with the adoption of its drafts in forms other than draft articles or draft conventions, with the refusal to subsequently develop international treaties (conventions) on their basis, must be balanced by recognition of the objective influence that such drafts ultimately exert on law enforcement practice, and on the development of international law as a whole. The significance of such drafts as instruments of ‘soft law’ when they are approved by the UN General Assembly in the form of its resolutions, as well as for the identification of customary international law, is highlighted. The article is aimed at developing a balanced doctrinal assessment of the Commission’s role in contemporary international rule-making, taking into account the rational utilization of its updated potential.

In India, discussions surrounding the Uniform Civil Code (UCC) have mostly presented it as a legal tool for promoting gender equality by harmonising personal laws. The UCC is often portrayed in constitutional and political discourse as a response to discriminatory practices embedded in religious family laws, with legal uniformity assumed to be a prerequisite for equality. While this perspective has influence national debates, it remains inadequate for understanding regions where civil life is not primarily governed by codified religious or statutory laws. Arunachal Pradesh presents a distinctive and under examined context within the UCC debate. Characterised by extensive tribal diversity, geographic remoteness, and constitutionally recognised customary autonomy, the state operates within a plural legal order where unwritten customary norms regulate marriage, inheritance, property ownership, and dispute resolution. For many communities, customary law is not merely a cultural residue but the primary framework through which social order, authority, and justice are organised. At the same time, Arunachal Pradesh is firmly embedded within the constitutional framework of India, which guarantees equality, dignity, and individual rights. This coexistence of constitutional citizenship and customary governance raises a central question; how are constitutional commitments to gender justice mediated through customary institutions that derive legitimacy from tradition and community authority rather than statutory recognition? This paper examines the relevance of the Uniform Civil Code for gender justice in Arunachal Pradesh by situating it within the everyday operation of customary law. Rather than treating the UCC as an instrument of immediate legal replacement, the paper asks whether it can function as a constitutional reference point for assessing civil practices in plural legal settings. The focus is not on abolishing customary law, but on understanding how its institutional structures shape women’s access to rights and how constitutional principles can meaningfully engage with these realities.

This paper examines the evolution of alternative dispute resolution (ADR) in Tanzania, tracing its origins from traditional methods used by African societies that emphasized community cohesion before colonialism. The British colonial rule introduced a formal legal system in 1920 through the Tanganyika Order in Council, which integrated customary law with English common law. After independence, Tanzania enacted several laws, including the Civil Procedure Code, mandating the referral of civil actions to ADR methods such as negotiation, conciliation, mediation, and arbitration. The study utilized both qualitative and quantitative methods, including document analysis, structured interviews, and surveys of legal practitioners and ADR experts to gather data on their experiences and perceptions of ADR practices. The analysis involved thematic coding of qualitative data and statistical evaluation of survey responses to identify trends and challenges within the ADR framework. Despite the growing significance of ADR, there was a lack of regulatory frameworks governing practitioners before 2021, raising concerns about professional misconduct. Recent amendments to the Civil Procedure Code introduced additional ADR modes, but challenges regarding practitioner accreditation and ethical standards persist. This paper highlights the need for comprehensive regulatory measures to enhance the integrity and effectiveness of ADR practices in Tanzania.

India’s traditional legal system was deeply rooted in its cultural fabric, reflecting the values, beliefs, and customs of its diverse communities. Justice was not merely a legal concept but a moral and social obligation intertwined with religious and customary laws. Dharma formed the centre of this system, which incorporated righteousness, duty, and justice as key principles for preserving social order. The pre-colonial legal system was the mirror of diverse cultures in India, which relied on harmony, duty, and social coherence with Hindu Dharmashastra, Islamic Sharia, and indigenous tribal traditions as its tenets. The indigenous mechanisms of dispute resolution were largely community-driven, with Panchayats, caste councils, and religious authorities playing a central role in administering justice. These focused on reconciliation and restorative justice, ensuring that legal decisions aligned with societal values and traditions. British colonization, on the other hand, introduced a centralized legal system emphasizing retributive justice, individual rights, and bureaucratic procedures, replacing India's traditional community-based mechanisms. While this shift standardized and modernized legal principles, it marginalized indigenous justice traditions. Even after independence, India retained much of the colonial framework and is still working to gradually adapt it to align with its cultural values. Indian Judiciary has ever since been working to balance western influences with India's socio-cultural realities. This paper delves into India's legal evolution, highlighting the balance between Western influences and indigenous traditions. It explores challenges in integrating imported legal principles, the impact of globalization, and the evolution of criminal laws. Ultimately, it argues for a nuanced approach to modernization that preserves cultural heritage while ensuring justice.

Disputing the validity of a customary marriage is a commonly litigated matter in customary law. The dispute can be motivated by various factors, which include trying to deprive one spouse and their family of the patrimonial consequence of a marriage (Osman and Baase "The recognition of same-sex customary marriages under South African customary law" 2022 SAJHR 2). The requirements for validity of a customary marriage in terms of section 3(1)(a) of the Recognition of Customary Marriages Act 120 of 1998 (Recognition Act) are that both parties must consent to the marriage and be 18 years of age. Section 3(1)(b) further provides that the marriage must be negotiated and celebrated in terms of customary law. It has been accepted that this entails that lobolo and integration of the bride are part of the conclusion of a customary marriage (Maithufi "The requirements for validity and proprietary consequences of monogamous and polygynous customary marriages in South Africa: Some observations" 2015 De Jure 262). Section 3(1)(b) is, however, causing interpretive challenges in courts. It should be noted that some rituals can be waived by the two families or parties concluding a customary marriage (Bakker "Integration of the bride as a requirement for validity of a customary marriage: Mkabe v Minister of Home Affairs [2016] ZAGPPHC 4601" 2018 PELJ 6). The Constitutional Court has also confirmed that customary law is flexible and adaptable, and must be developed to be in line with the spirit, purport and objects of the Bill of Rights (Shilubana and Others v Nwamitwa 2008 9 BCLR 914 (CC) para 43; Bhe v Magistrate, Khayelitsha; Shibi v Sithole and Others; South African Human Rights Commission and Another v President of the Republic of South Africa 2005 1 SA 580 (CC) para 41). The problem, however, is that courts merely accept that parties can waive integration of the bride without looking at the cultural group concerned and, more specifically, without asking whether that group allows for waiver of integration entirely.

The study thoroughly examines the legal framework that governs multiple land ownership in Tanzania, identifying the inherent challenges it presents and evaluating its impact on land governance, socio-economic development, and social equity. The study also takes a legal approach, analysing statutory laws, constitutional provisions, case law, policy documents; and comparative insights from other jurisdictions in the region. Information was gathered by conducting a thorough examination of legal documents, policy papers, court judgments, land registration records, and relevant literature, complemented by a comparative analysis with other East African countries and exemplary models. The results indicate substantial legal and institutional shortcomings, encompassing unclear regulations regarding multiple landholdings, clashes between customary and statutory systems, and inefficiencies in land registration procedures. These challenges contribute to conflicts over land ownership, uncertainty about land rights, gender inequalities, and obstacles to sustainable land use and urban planning. The study suggests implementing legal changes to clearly define multiple land ownership, enhancing land registration systems, aligning customary and statutory laws, and raising public awareness. To promote fair, open, and long-lasting land management in Tanzania, it is crucial to invest in building institutions, implementing new policies like land taxation and flexible land ownership, and providing targeted education to communities

Customary forest management is an integral part of environmental sustainability and welfare of Indigenous communities. This article aims to review the role of the Dayak Kanayatn indigenous community in the management of the Bukit Marang Customary Forest from a political sociology perspective. This study focuses on the interactions between traditional values, public policies, and socio-political dynamics that influence forest resource management. This study used a descriptive research design with a qualitative approach. Primary and secondary data were obtained from the literature. The results show that the Dayak Kanayatn community plays an essential role in forest conservation, guided by a solid customary system and local wisdom principles. These roles from the socio-political review of this study include (1) forest conservation guardians, (2) local knowledge-based forest management, (3) customary law enforcers, (4) cultural and spiritual custodians, (5) biodiversity protectors, (6) land conflict mediators, and (7) promoters of sustainable development. This article recommends steps to strengthen the empowerment of Indigenous communities in facing current socio-political dynamics through collaboration between actors ranging from the government, advocacy organizations, and communities.

This study critically examines the ineffectiveness of environmental criminal law policies in protecting Aceh’s customary forests from ongoing destruction. Although Indonesia has established a comprehensive legal framework for environmental protection, deforestation within customary forest areas in Aceh persists, indicating weaknesses in policy implementation and enforcement. This research aims to analyze the structural and normative factors that render environmental criminal law policies ineffective, particularly the lack of integration between state law and Aceh’s customary law. Employing a qualitative socio-legal approach, this study draws on statutory analysis, literature review, in-depth interviews, and field observations within customary forest areas in Aceh. The findings reveal that weak intergovernmental coordination, limited recognition of indigenous forest rights, inadequate law enforcement capacity, and minimal utilization of monitoring technology contribute significantly to forest degradation. Furthermore, the disconnect between formal environmental criminal law and customary forest governance undermines community participation and legal effectiveness. This study argues that current policies remain “unwise” because they prioritize punitive approaches without incorporating customary law values and restorative ecological justice. As a policy solution, the study proposes an integrative framework that harmonizes environmental criminal law with Aceh’s customary law, supported by restorative sanctions and technology-based forest monitoring systems. Strengthening indigenous participation and aligning national regulations with local legal traditions are essential to enhancing legal effectiveness and sustainable forest governance. This research contributes to environmental legal scholarship by offering a contextualized model of pluralistic environmental criminal law reform in Indonesia.

Abstract Solomon Islands’ plural legal system, in which customary law operates in parallel with common law, and its practice and effects on society have drawn scholarly attention in spaces of legal studies, policy, economics, and state governance. An area that remains understudied is the dynamic nature in which landowners use Indigenous cultural heritage such as ancestral sites or genealogies as kastom evidence in courts. We explore this intersection through a critical review of the literature, Solomon Islands court judgments, and the nation’s lacking cultural heritage legislation. Two major infrastructure development projects in Solomon Islands, the Tina Hydro Project located on Guadalcanal and the Bina-Talifu Project on Malaita, are also examined to explore the nuances of state-led compulsory versus negotiated land acquisition. Fueling the perception that the customary land system is more of a hinderence than a strength to its peoples, these case studies demonstrate the fluid and unpredictable nature with which kastom evidence has been implemented in legal forums to substantiate or dispute claims. Ultimately, we argue that this largely reflects an incongruence between the British legal framework and traditional land tenure systems. Furthermore, we highlight how greater integration of archaeological expertise into legal processes of land surveying in Solomon Islands has the potential to mitigate some of these challenges.

This study aims to examine and analyze the role of Customs Departments in the United Arab Emirates in combating the smuggling of narcotic drugs, psychotropic substances, and chemical precursors. It does so by clarifying their responsibilities in this area, proposing a unified national mechanism to regulate customs work in anti-smuggling efforts, as well as assessing the compatibility of relevant national legislation with the Unified Gulf Customs Law. The study also outlines the limits of customs authorities’ powers in applying settlement procedures on seizures of prohibited substances. The research concludes with the necessity to strengthen the legislative and executive framework related to customs control, and to enhance coordination mechanisms among relevant authorities to ensure the protection of society from the risks of smuggling, particularly given the increasing sophistication of smuggling networks’ deceptive methods.

Indonesia’s legal system is characterized by legal pluralism, in which state law coexists with customary law (adat) practiced by indigenous communities. Despite constitutional recognition and supportive judicial decisions, conflicts over customary land persist, particularly among Dayak indigenous communities in Kalimantan. These conflicts largely arise from structural incompatibilities between state land law—centered on administrative legality, formal registration, and written evidence—and customary law, which is grounded in communal ownership, oral traditions, and social legitimacy. This article analyzes conflicts between Dayak customary law and state law in the governance of customary land from a legal anthropology perspective. It examines the operation of Dayak customary law as a living law, identifies the causes and forms of conflict with state legal regimes, and assesses the implications of these conflicts for customary land governance and legal certainty. The research employs a qualitative legal-anthropological approach. Data were collected through in-depth interviews with customary leaders, community members, and relevant stakeholders, complemented by participant observation and document analysis. The data were analyzed using descriptive and interpretative methods, drawing on the concepts of legal pluralism and semi-autonomous social fields. The findings demonstrate that Dayak customary law remains effective in regulating land control, use, and dispute resolution at the community level. However, conflicts persist due to the dominance of formal state legal mechanisms that marginalize customary authority in land administration, licensing, and development processes. Normative recognition of indigenous rights alone has proven insufficient to secure legal protection for customary land. The study argues that substantive integration of customary institutions into state land governance frameworks is essential to reduce conflict, enhance legal effectiveness, and ensure meaningful protection of indigenous land rights.

This article examines the phenomenon of soft law as a distinctive source of tax regulation in the contemporary context of globalization. It analyzes theoretical approaches to defining soft law and outlines its essential characteristics, core features, and legal nature. Particular attention is given to the ongoing debate on the concept of relative normativity and the extent to which soft law instruments can be integrated into the system of legal sources. The study demonstrates that, despite the absence of formal binding force, soft law possesses significant regulatory potential, largely due to the authority of the bodies that formulate it and the repeated practice of its application. The article further explores the historical development of soft law and the factors that have facilitated its growing role in international tax regulation. It underscores the interconnection between soft law and the processes of globalization and legal harmonization, which have contributed to its increasing incorporation into national legal systems. The analysis also highlights the importance of distinguishing soft law from customary law, despite certain similarities in their structure and function. Two primary functions of soft law within tax law are examined in detail: the normative (or standard-setting) function and the interpretative function. The normative role is evident in the influence of OECD standards on domestic legislation, particularly through the implementation of the BEPS Action Plan and the OECD Transfer Pricing Guidelines. The discussion addresses both the theoretical underpinnings and practical aspects of this influence. The interpretative function of soft law is analyzed through its application in judicial practice, illustrated by case law from Ukraine. This section also evaluates the broader implications of this phenomenon and its likely future trajectory. The article concludes that soft law has become an integral element of modern legal regulation, increasingly approaching “hard law” in terms of its practical impact on legal relations, despite retaining its recommendatory nature. Recognizing the role of soft law does not undermine legal certainty; rather, it enhances the flexibility of legal systems and their capacity to adapt to evolving economic realities. At the same time, the study identifies key challenges and risks associated with soft law, including the lack of clear criteria for legal enforceability, the potential for selective implementation, and the influence of political and economic factors on the content of these instruments.

The rapid growth of coastal tourism in Bali has increased waste generation, particularly plastic, which threatens marine ecosystems, coastal aesthetics, and the image of tourist destinations. This study aims to develop a model for a cooperation agreement between business actors and traditional leaders for waste management based on environmental justice and the local wisdom of Tri Hita Karana. A socio-legal approach was used through field research, interviews with traditional leaders, local governments, and business actors, as well as analysis of primary and secondary legal materials. Data were analyzed descriptively and analytically using a collaborative governance and environmental justice framework. The results show that waste management in Bali faces challenges such as limited infrastructure, low public awareness, and lack of coordination. A cooperation agreement based on a Memorandum of Understanding (MoU) and a Partnership Agreement can integrate customary and positive law, strengthen the role of traditional villages, and support the SDGs (Goals 6, 8, 11, 12, 14, 17). This model offers an inclusive solution for sustainable waste management, increases Bali's tourism competitiveness, and preserves the environment and culture. Recommendations include strengthening the capacity of traditional villages and standardizing the TPS3R infrastructure to support effective implementation.

This study examines the role of local wisdom of the Dana Mbojo community in climate change mitigation, focusing on the Parafu system (customary land management patterns) and Pamali practices (customary prohibitions related to environmental conservation). The urgency of this research lies in the need for a culturally based approach to strengthen climate change mitigation strategies that have been dominated by technocratic approaches. This study aims to identify and analyze the contribution of the Parafu system and Pamali practices to forest, water, and soil conservation, and assess their relevance in the context of climate change adaptation. The study used mixed methods with qualitative and quantitative approaches. Data collection techniques included in-depth interviews with 25 traditional and community leaders, field observations in three traditional villages, and the distribution of questionnaires to 150 respondents, which were analyzed using descriptive statistics. The results showed that the Parafu system contributed to a decrease in deforestation rates by 18.3% in the last five years, while Pamali practices were effective in reducing land burning activities by up to 27.6% compared to non-customary areas (p=0.003). Eighty-four percent of respondents stated that the application of customary values ​​can maintain the balance of local ecosystems, and 76% stated that customary law is more adhered to than formal government regulations. The local wisdom of Dana Mbojo, through the Parafu system and Pamali practices, has great potential for climate change mitigation, particularly through social control mechanisms, value-based conservation, and sustainable spatial use. Integrating local values ​​into climate mitigation policies at the regional and national levels is a strategic step that needs to be implemented immediately.

This study examines the lived realities of Indigenous Peoples Mandatory Representatives (IPMRs) in Sarangani Province and analyzes the capacity gaps that limit their full participation in governance and advocacy. Anchored on Pitkin’s (1967) Theory of Representation, Morgan’s (1998) Capacity-Building Framework, and the Good Governance model of Kaufmann, Kraay, and Mastruzzi (2010), the research explores how IPMRs perform their mandated roles, the challenges they encounter within local governance structures, and the institutional support systems required to strengthen their representational functions. The study employed a descriptive qualitative research design and gathered data through key informant interviews, focus group discussions, and document analysis involving municipal and provincial IPMRs, local officials, Indigenous leaders, and relevant stakeholders. Findings reveal that while IPMRs possess strong cultural legitimacy and community support, their governance participation remains constrained by limited training opportunities, weak institutional backing, political interference, and inadequate access to resources. These barriers affect their ability to influence policy, implement Indigenous programs, and integrate community priorities into local development planning. However, IPMRs also demonstrate resilience through culturally grounded strategies such as consensus-building, unity through customary laws, and partnership-based advocacy. The study concludes that strengthening Indigenous representation requires institutionalized capacity-building, sustainable resource support, improved legal and policy literacy, and reforms that ensure consistent recognition of IPMR mandates across LGUs. This study aligns with SDG 16 by supporting inclusive and accountable governance, SDG 10 by addressing structural inequalities in political participation, and SDG 11 by strengthening culturally responsive local development processes. By promoting empowered Indigenous participation and stronger governance mechanisms, the research contributes to institutional and community sustainability through more inclusive policy-making and culturally grounded development planning.

Family disputes over inheritance are a common social and legal issue in Indonesian society, often leading to long-term conflicts and even legal battles. This situation is influenced by the complex legal system of inheritance in Indonesia, which is pluralistic and includes Western civil law, Islamic law, and customary law. It is further complicated by social, cultural, economic, and psychological factors among the heirs. This study aims to analyze the causes of family disputes in inheritance distribution and examine the role of law in providing certainty, fairness, and benefits for all parties involved. The research method used is normative legal research with a jurisprudential approach, through the study of relevant legal regulations, legal doctrines, and court decisions. The findings show that inheritance disputes are generally caused by unfair distribution of assets, differing interpretations of law, conflicts between customary law, religious law, and national law, as well as poor communication and lack of transparency within the family. Therefore, resolving inheritance disputes requires not only the enforcement of law in a normative manner, but also non-litigious approaches such as mediation, family consultation, and increased legal awareness to maintain family harmony and legal certainty.

Inheritance disputes constitute one of the most prevalent family conflicts in Indonesia, primarily caused by unclear testamentary intentions, differing perceptions of fairness in inheritance distribution, and limited public understanding of the pluralistic inheritance law system. The coexistence of customary law, Islamic law, and civil law often leads to legal uncertainty and increases the potential for disputes among heirs. In this context, notaries play a strategic role as public officials authorized to draw up authentic deeds and provide legal certainty and protection. This study aims to analyze the preventive and curative roles of notaries in inheritance disputes, particularly through the drafting of wills, certificates of inheritance, and inheritance distribution deeds, as well as their involvement in non-litigation dispute resolution. This research employs a normative juridical method using statutory and conceptual approaches. The findings reveal that notaries perform a preventive role by preventing inheritance disputes through the preparation of authentic deeds and legal counseling, and a curative role at the pre-litigation stage by facilitating agreements and conducting non-litigation mediation. Nevertheless, the authority of notaries is strictly limited once inheritance disputes enter judicial proceedings.

This study aims to analyze the role and optimization strategies of Pecalang Segara in monitoring fishing activities that contribute to coral reef ecosystem degradation in the Traditional Village of Pemuteran, North Bali. Pecalang Segara is a customary security institution that holds social legitimacy and customary authority in maintaining order within coastal areas. This research applies an empirical legal approach using a qualitative descriptive method. Data were collected through field observations, interviews with customary leaders and coastal communities, and a literature review of environmental laws and related regulations. The findings indicate that Pecalang Segara plays a strategic role in supervising fishing activities based on local wisdom, particularly in preventing destructive fishing practices that damage coral reefs. However, the effectiveness of this role remains limited due to insufficient technical capacity, low environmental legal awareness, and weak integration between customary law and formal legal systems. The study highlights the importance of strengthening Pecalang Segara through environmental education, regulatory-based monitoring training, and institutional coordination with local government authorities. The integration of customary law and national environmental law is expected to establish a sustainable community-based marine monitoring model capable of effectively protecting coral reef ecosystems and supporting environmental governance in coastal areas.

This study explores the revitalization of customary law as a mechanism for resolving environmental disputes in Eastern Indonesia. Through a comparative analysis of three indigenous regions—Central Maluku, Papua, and West Timor—the research reveals how traditional legal practices adapt to contemporary ecological and socio-political challenges. The findings demonstrate that customary law is not merely preserved but is actively transformed to maintain cultural relevance and environmental sustainability. Revitalization efforts are shaped by local contexts, external pressures, and the interaction between indigenous communities and state institutions. This study fills a critical gap in the existing literature, which often focuses solely on the formal recognition of customary law without addressing its dynamic role in conflict resolution. Although the research offers significant insights, it acknowledges limitations related to geographical scope and methodology, suggesting that future studies should adopt longitudinal approaches and broader regional coverage. The results contribute to the discourse on legal pluralism and offer practical implications for policy-making aimed at strengthening indigenous participation in environmental governance.

This study aims to analyze the practice of inheritance distribution in Burneh Village, Bangkalan Regency, focusing on the interaction between Islamic inheritance law and local customary law. The main issue examined is how the people of Burneh implement faraidh provisions in daily life and to what extent local traditions influence inheritance practices. The research employed a qualitative approach using in-depth interviews with religious leaders, customary leaders, and several household heads. The findings reveal that inheritance distribution in Burneh generally does not strictly follow faraidh regulations but instead emphasizes family deliberation and mutual consent. Equal distribution between male and female heirs is often chosen to maintain harmony, while some testators also distribute assets through hibah (gifts) before death. The conclusion of this study indicates that inheritance practices in Burneh reflect a form of legal pluralism that prioritizes social harmony and communal welfare, while simultaneously demonstrating a creative adaptation between Islamic legal norms and local wisdom.