The Politic of Law of PT. Kereta Api Indonesia (Persero) Track Access Charge Policy Based on Justice

Abstract

Pancasila, as the legal ideology of Indonesia which also serves as the most basic law (Staatsfundamentalnorm), mandates the conception of welfare state which sets public service as the state’s responsibility and requires it to be run optimally for the prosperity of the people. Public service in the welfare state conception is the responsibility of the state, including the public transport of railways which is managed by PT Kereta Api Indonesia (Persero) as a State’s Owned Enterprise. The arangement of PT. Kereta Api Indonesia (Persero) Track Acces Charge has been established. However, the schemes of Public Service Obligation (PSO), Infrastructure Maintenance and Operation (IMO), and Track Access Charge (TAC), which stipulate that the amount of TAC is 75% of IMO or even only according to the funds available in the state budget, are only oriented to the open competition in the business activities of the railway company and heavily influenced by political and economic interests. Thus the schemes are not coherent with the principle of justice in the concept of welfare state. The implementation of TAC policy currently only functions as the balancing factor of the Infrastructure Maintenance and Operations (IMO) calculations, thus it seems to be functioning as a policy instrument used by The Ministry of Transports to attain non-tax revenue(PNBP).