Restructuration of Public Service Obligation (PSO0, Infrastructure Maintenance and Operation (IMO), Track Access Charge (TAC) on PT. Kereta Api Indonesia (Persero) Based on Justice

Abstract

- The conception of welfare state places public service as state responsibility to run it optimally for the welfare of its 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), Track Access Charge (TAC) which stipulate that the amount of TAC is 75% of IMO or even only based on 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, therefore it is 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 between the PSO and IMO calculations, thus it seems like a policy instrument used by The Ministry of Transports to attain non-tax revenue(PNBP).