Aspek Hukum Perubahan Perusahaan Umum Kereta Api Menjadi Perusahaan Perseroan dalam Penyelenggaraan Kepentingan Umum

Abstract

A railway company is one of National Corporation preparing the land transportation service by using the railway facilities. Railway is included in production branches that controls public life, that state must exercise in implementation and improvement of public welfare. To reach the target, railway had noted the development/conversation history from time to time beginning from 1945/1950 since the first time established called "Djawatan Kereta Api Republik Indonesia (OKA RI) to recently, 2002, known as Indonesian Railway Inc. Ltd., (PT. KAl-persero). The special attention concentrated into this research is, the problems regarding the legal regulatory in conversation of railway company in from of Public Corporation to Railway Incorporated and the association with the attempts in implementation of public interest. The objectives of this research are to know reasons for change (conversion) of railway form Public Corporation to Incorporated, and also to find out the goal of conversation (change) and what is the effect on implementation of public interest. The result of research indicated that the background for conversation (change) of Railway status from Public Corporation to Incorporated is an attempt to increase the both efficiency and affectivity of Railway. While this railway has been in civil law Corporation that has autonomy right legally to manage itself, however, in fact, the government as shareholder representing the state, also practice the intervention in determination of managerial policies. Similar also in implementation of public interest concerning the preparation of transportation service to community, is just in the the most basic service, i.e., the transportation does not reach the safe, compatible, and relax services. In suggestion, the performance of Railway should be increased forward by several necessary aspects.