Understanding 2 Concepts of Public Order in Private International Law and Their Relation to Vested Rights

You will find an explanation of how public order becomes the basis for judges and judicial institutions to override foreign law in a Private International Law case, taking into account social, cultural, and societal developments. In addition, this article also explains the relationship between the concept of public order and the concept ofVested Rights(acquired legal rights and obligations) and how this relates to the recognition of foreign law in the context oflex fori(the law applicable in a particular jurisdiction). In this article, you will understand how this concept can affect same-sex marriage and the recognition of foreign law in Indonesia. By: Dedon Dianta 

I. Public Order in Private International Law

Public order (public order) is a concept inPrivate LawInternational which is a reason or basis for a judge or judicial institution to be able to override foreign legal systems, legal rights and obligations, and foreign legal rules. The foundation of public order in the context ofPrivate LawInternational, its starting point stems from the idea that judicial institutions are one of the state structures that have sovereignty. Therefore, judicial institutions have the right to choose which law will apply to all cases resolved in the judicial institution. This becomes a problem if the case being resolved involves foreign elements, or there are obligations and/or rights obtained through foreign legal provisions so that foreign jurisdiction is involved. In this case, it certainly raises questions about the extent to which judicial institutions have an obligation to involveforeign law inits jurisdiction? Stated in Article 23 of Algemene Bepalingen (AB), it is written that "door gene handelingen of overeenkomsten kan aan de wetten, die op de publieke orde of de goedezeden betrekking hebben, hare kracht ontonomen worde" All rules in Private International Law basically only regulate in broad terms that are too general in nature. The concept of public order in Private International Law is an unwritten value that is developing in society. Some experts argue that the concept of public order is a concept that depends on the development of society in the context of changing times and circumstances, so that the concept of public order cannot be agreed upon or formulated. In this context, the acceptance of the concept of public order in a country depends on the time and circumstances of that country. Based on this theory, if there is a legal system of a country that conflicts with foreign law, then foreign law can be ignored. The judiciary, in considering the applicability of a foreign law that should be the lex causae in its jurisdiction, has things that cause foreign law to be ignored, one of which is the concept of public order. The socio-cultural conditions in society, of course, are aspects that greatly influence the concept of public order. Changes and developments in interaction patterns, values believed in society, advances in science and technology are factors that influence the concept of public order in a country. The world's problems that have recently been highlighted concern the legalization