Public international law is law that regulate the relation that exist between states and states organizations in connection to the peacefulness of life in state. Meanwhile Private international law is law that regulate the effort to maintain private law in refer to the foreign interest inside.
Legal source of International law is regulate in article 38 verse 1 Charter of International Court of Justice, in which it have four formal legal sources:
a.) International conventions: it is a legal binding that occurs under an agreement made between countries as a member of organization of nations, such as The United Nation.
b.) International custom: it is the accepted of a custom as law in general and then become law as an International custom.
c.) The general principles of law: the basic system of law in general which come from the Romawi law principles.
d.) Judicial decisions and the teaching of highly qualified publicist of the various nations: use as evidence to use it or not the rules of International law based on the primary legal source.
Subject of International law consist of four subjects:
a.) State: state as subject of International law mean state that is independent , have sovereignty and is not consider as part of other state.
b.) Vatican organization: vatican is consider have the same position as a state.
c.) Human: the subject of International law is refer to the human action in which if there is an action or activity occurs can get either positive or negative point according to the will of a peaceful world society.
d.) International organization: an organization that is form so that there are relations between one country into another.
Legal source of Private international law in Indonesia is regulated in Algemene Bepalingen van Wetgeving (AB) in which if there is legal phenomenon whether it is connected to personal, family, patrimonial or inheritance law which involves foreign interest in Indonesia, to solve it must refer to AB.
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