The Right to a Happy Death for the Navy’s Elderly

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Introduction
Indonesian national development aims to create a just and prosperous Indonesian society, both materially and spiritually prosperous, based on Pancasila and the 1945 Constitution Indonesia (Budi, 2022). National development must be realized in the framework of the Unitary State of the Republic of Indonesia which is independent, united, sovereign, and has sovereignty over the people in an atmosphere of a safe, peaceful, orderly, and dynamic nationality in the social environment of the world (Sango, et.al., 2022). To realize this goal, it is necessary to strive continuously in all fields. The health sector, this field has begun to be considered, even separated from social welfare since the 1949 constitution of United Republic of Indonesia, where social welfare is in article 35 and the health sector in article 40 with a narrative about the obligations of the authorities to make serious efforts to promote public hygiene and people's health (Mahendradhata, et.al., 2017).
The successful achievement of the nation's goals can be seen in the increase in living standards and Life Expectancy. From 2004, life expectancy in Indonesia increased from 68.6 years to 70.8 years. Projections for 2030-2035 reach 72.2 years. The results of the 2010 population census show that Indonesia is among the top five countries with the largest number of elderly people in the world reaching 18.1 million people in 2010 or 7.6 percent of the total population. Furthermore, the results of the 2020 population census are: The proportion of the population aged 0-14 years decreased from 44.12 percent in 1971 to 23.33 percent in 2020 In the same period, the population of working age 15-64 years increased from 53.39 percent to 70.72 percent. Meanwhile, the population aged 65 years and over rose from 2.49 percent to 5.95 percent (from 270,20 million, in September 2020). So, the total population aged 65 years and over is 16,076,900 people) (Badan Pusat Statistik RI, 2020).
The elderly is a man or woman who has reached the age of 60 years and over. Globally, the United Nations (UN) has predicted an increase in elderly age by up to 2.6%. This increase in number exceeds the overall population increase (1.2%). The number of elderly people increased to 700 million in 2009 and is projected to reach 2 billion in 2050 (Santika, et.al., 2020).
Of these 2 billion elderly people, some are retired Navy personnel, who served in the military when they were young. In this group, the slogan "Old Navy Never Die" is often heard, even those who died on duty (including the sinking of the ship) were not said to have died but were patrolling in eternity. This illustrates how passionate they are so that even though they are old, and have retired, they are still willing to defend their country. This is very good when viewed from the side of the spirit of defending the country. But what about the next reality, will this not affect the moment before his death? Is it still possible to get a happy atmosphere before his death? About death, everyone always has various desires or aspirations. But all desires or ideals are very important and there is the highest ideal, namely, happiness (Wang, 2006). Happiness is sought by people in their lives, even after death, it is expected to have endless happiness. But one thing that is often unthinkable, namely happy moments before or just before his death. Religiously, followers of any religion must believe that there is eternal life after death. Happiness will surely be coveted and sought by everyone (Lee, 2018).
People who want to die comfortably by carrying out euthanasia find out that, until now, it cannot be carried out in Indonesia because of prohibitions from the sides of positive law, ethics, religions, and socio-culture (Sofyan, 2017). So, those efforts are needed, along with the legal umbrella, for as many elderly people as possible to die happily (Sutarno, 2020).
One attempt to die happy is palliative care. Measures in palliative care are not to speed up the process of death nor to delay death because death is a natural process of living things. In palliative care, death will occur naturally in patients. Healing is an effort and relates between oneself, others, the environment, and God (Hoffmann, et.al., 2021). So, patients who die in palliative care do not die because they are treated, but someone can die with the condition being cured. So, dying with healing/happiness can be interpreted as a death where someone can say or declare, in the form of good-bye, for example "I love you, Forgive me, Thank you and Good-bye".
Palliative care is so valuable that even though it is sometimes referred to as a technology-poor service, it is rich in touch. The main goal of palliative care is to achieve the best possible quality of life for patients and their families (World Health Organization, 2018). The results of conducting limited empirical research in the form of limited interviews with purposive sampling and taking the essence of the answers obtained stated that: 1. Generally, in the last 2 years, respondents feel normal, sometimes they feel happy, sometimes they don't, and generally they are happy 2. Average readiness when called by God at this time? About 60% 3. Never imagine the moments of death 4. At the end of life later (which everyone must experience), if through illness, choose not to suffer too long (100%) 5. My current readiness to die in terms of belief/religion: around 60% 6. My knowledge of the term: Old Navy never Die is lacking 7. I think that knowledge is useful for Indonesian Navy soldiers or myself, and is important, for service to the country, not for readiness to die 8. In my opinion, the knowledge and use of Old Navy Never Die for Indonesian Navy soldiers has nothing to do with happiness before death 9. I think palliative care before death is important (after being explained) 10. As far as I know, for the Indonesian Navy, there is no palliative care.
Therefore, the author will analyze the right to die happy for the Navy's Elderly, and analyze legislation regarding the health care of retired Navy elderly patients in the face of a happy death. In addition, also analyze state's responsibility in regulating the health care of elderly retired Indonesian Navy patients in the face of an expected happy death. Based on the purpose of writing, this article is expected to be able to contribute to the government in formulating policies for the welfare of the old Navy.

Method
The implementation of the work in researching the laws and regulations is carried out using a juridical normative type of research which is strengthened by limited empirical research (Achmad, 2017). What is being done is to discuss and explore various rules in response to problems to see the gaps in the rules regarding the happy life of the elderly ex-Indonesian Navy and the reality that exists in society. For this reason, the sources of this research are books, journals, and applicable laws and regulations and the results of interviews are limited to Elderly Retired Indonesian Navy. Some of the rules studied, such as law no. 29 of 2009 concerning the practice of medicine, law no. 39 of 2009 concerning health, to the Indonesian Criminal Code.

Right to a Happy Death in The Framework of Pancasila Justice
The implementation of social, national, and state life based on Pancasila is a necessity in a country that adheres to democracy. Some countries outside Indonesia officially/formally do not adhere to Pancasila, but they can apply the principles of Pancasila as Indonesia formally has (Ali, 2017). Indonesia as an independent country for more than 75 years should have its legal system, but the fact is that it does not yet have one and still applies pluralism in its legal system. It is ideal if the Indonesian people to create a legal system based on the nation's cultural roots or its unique community structure (Fleetwood, 2020). About to the understanding of the structure of Indonesian society, Soepomo argues that the social structure of the indigenous Indonesian people is nothing but the creation of Indonesian culture, namely the flow of thought or the spirit of the Indonesian nation's mysticism. The cultural roots or social structure of the Indonesian nation have been explored and formulated by the founding fathers through the session of the Preparatory Committee for Indonesian Independence on August 18, 1945 under the name Pancasila (Merdi Hjiji, 2013).
Pancasila is the philosophy and ideology of the state which contains the ideals of the state. Regarding the issue of the ideals of the state, there are many aspects that can be discussed, but one of the most important aspects is the legal aspect. This is especially true for the Indonesian people who call themselves a state based on law, not based on mere power (Sawen, 2017). The legal aspect in the ideals of the state is called legal ideals. Pancasila is a good and right place for the deliberation system or democracy which is commonly called Pancasila democracy. As the basis of the state, although juridically Pancasila was established on August 18, 1945, sociologically Pancasila existed long before Indonesia's independence. Pancasila as the ideology and ideals of the Indonesian state is extracted from the soul and personality of the Indonesian nation, or when using the term of Moh. Yamin that the basis of the Indonesian state is arranged according to the character of Indonesian civilization and culture (Nazriyah, 2002). So, in Pancasila's Society, we hope all people would be happy throughout their life, including the moment of death.
The definition of justice varies depending on which that talks about it. Justice is difficult to define, but it can be felt and is an element that must exist and cannot be separated from the law as a set of principles and rules that guarantee the order in society. Justice is something abstract, but it is highly expected by society. Humans cannot avoid activities seeking justice. Humans form social life, this can be interpreted from the other side as a life of justice (Aziz, 2019). The common life or society of human beings is not created to give place to injustice. With such considerations, it can be said that social life is living in a just society. Justice in life is part of happiness. The probability of a happy death will increase for someone who always lives happily throughout their life.
Justice can be interpreted as a permanent and continuous will to give everyone what should be received, sometimes justice is based on the principle of equality, where everyone gets an equal share (Wahid, Rafiqi, 2022). Sometimes justice is based on necessity, resulting in a comparison that is usually applied in the legal field. Oftentimes, the principle of qualification is used to measure fairness, as well as an objective principle that is seen from the point of view of one's achievements. Subjective principles are also commonly applied, if what is the issue is the persistence to achieve something, regardless of the results. Justice is a quality of social order that is possible, and that guides the creation of reciprocal relationships among human beings (Nadzir, 2017).
Justice, according to the opinion of the Stoics and Romans led by ST. Augustine has the meaning of a good life, does not hurt anyone, and gives to anyone what belongs to him. Satjipto Rahardjo quoted by Moh. Mahfud MD, stated that essentially, justice is related to the distribution of existing resources in society in the form of goods and services, business capital, social position and role, authority, power, opportunity, and others that have certain values for life. In the field of law, justice is generally seen as a goal that must be achieved in social, national, and state relations. But justice also become a goal in the field of family and individuals (Mahfud MD, 2010).
From a moral perspective, there are two main genres of thought to say that something is fair, namely utilitarianism and deontology. In the view of utilitarianism lead by Jeremy Bentham, justice is one of the goals of law, in addition to certainty and benefit (Atifulhayat, 2015). Justice is related to the equal distribution of obligations and human rights. This theory explains that only in order will each person have the opportunity to realize the greatest happiness. Greatest happiness will raise the opportunity of happiness in the end of life (Bentham, 2010). While the deontological theory does not pay attention to the distribution results but emphasizes the ways and mechanisms to achieve justice with the assumption that if the distribution methods and mechanisms are fair, the results will also be fair.
The essence of the teaching of the utilitarian theory is that the purpose of law and legislation must provide the maximum benefit and happiness to the community. Law comes from the soul of the nation and is in accordance with the interests of the state which is developed systematically and rationally in accordance with the development of the state's needs (Wadi, 2014). This concept is based on the existence of a social philosophy which shows that every citizen desires happiness and that law is one of its tools.
In utilitarianism, the ideal is that law is capable of providing the greatest happiness for the majority of society. The interests of the community related to welfare must come first, because the welfare of the community is the highest law or what is known as the Solus Populi Suprema Lex principle. F.X. Adji Samekto once explained that the purpose of law is to stabilize social life, to realize order and peace and to bring justice (Adriansyah, 2020). With regard to punishment, Jeremy Bentham argues that punishment must be specific to each crime and the severity of the sentence should not exceed the amount needed to prevent certain attacks from being committed. Punishment can only be accepted if it gives hope for the prevention of a greater crime (Rafiqi, 2021). Jeremy Bentham also argues that this nature gives happiness and distress. Humans always try to increase happiness and reduce their distress, including in this paper, happiness near someone's death (Atifulhayat, 2015). Good is happiness, and evil is pain. There is a close relationship between good and evil and happiness and sorrow. The task of the law is to maintain happiness and prevent sorrow. Jeremy Bentham's view departs from the great concern for individuals. He wanted the law to first guarantee happiness for individuals, not directly for society as a whole. However, Jeremy Bentham does not deny that in addition to individual interests, the interests of society also need to be considered. To avoid clashes, individual interests in the pursuit of maximum happiness need to be limited. If not, there will be what is called homo homini lupus or humans become wolves for other humans. Jeremy Bentham's thinking is very popular, but there are opinions that there are two shortcomings of Jeremy Bentham's thinking, namely abstract and doctrinal rationalism that prevent him from seeing the individual as a complex whole and his failure to explain his conception of the balance between the interests of the individual and society. Jeremy Bentham overestimates the role of the legislature and underestimates the need for individualization of policy in law enforcement. He was also so convinced of complete scientific codification through rational principles that he no longer cared about national or historical differences. Whereas experience with codification in various countries shows that an elastic and independent interpretation by judges is always needed.
Regarding the purpose of law, the theory that can be used to approach it is ethical theory, which explains that the purpose of law is solely to realize justice. Along with certainty and benefits, one of the goals of law is justice. Justice is related to the equal distribution of human rights and obligations (Sagama, 2016). John Rawls, in his book A Theory of Justice, develops an ordinance that will produce the principles of justice. The main idea of John Rawls's Theory of Justice is: justice is fairness. Happiness is not only on the outside of human, but also on the inside. While approaching death, the inside affair of humans is very important (Notohamidjoyo, 1975).
John Rawls's opinion is that the value of justice should not be negotiable and must be realized in society without having to sacrifice the interests of other communities. An injustice can only be allowed if it is necessary to avoid greater injustice (Sumadi, 2015). Because it is the most important virtue in human life, there can be no compromise with truth and justice. For the agreement process, John Rawls created two concepts which he called "the original position" and "veil of ignorance". The principles of appropriateness in the distribution of things are principles that people will choose in a human cooperation if they do not know, and thus cannot take into account their special position in society (Ali, 2017). Prestige and ignorance ensure that in making rational choices, people are not in a position to make exceptions for their own benefit or bend decisions in their favor.
In discussing personal and common interests, there needs to be a balance between personal interests and common interests. How the balance should be struck is what is called justice. Justice is a non-negotiable value because only justice can guarantee the stability of human life. To avoid a conflict of interest it is necessary to have rules. This is where the law needs to be the referee. In an advanced society, the new law will be obeyed if it can lay down the principles of justice.
Based on what has been discussed, community members will agree on two principles of justice: (i) Everyone should have an equal right to the most comprehensive system of basic liberties; and (ii) social and economic differences should be arranged so that: provide the greatest benefit to those in the most disadvantaged position; and relate to positions and positions that are open to all on the basis of proper equality of opportunity.

Health Service Concept
Health services are a part of the health care system whose main purpose is preventive and promotive (health improvement) services with targets, namely the public and the community (Davies, 2006). To the Government of the Republic of Indonesia, health services are an effort that organizes an individual or more together in organizations to prevent sickness and improve health, maintain and cure disease, and also restore the health of individuals, groups, families and the public. The functions and objectives of health services are: a. Promotive (maintaining and improving health) This is needed for example in improving nutrition, and improving environmental sanitation; b. Preventive (prevention of people at risk of disease), consists of: 1) Primary prevention (educational programs, such as immunization, provision of good nutrition, and physical fitness); 2) Secondary prevention (which onsists of treating the disease at an early stage to limit disability by avoiding the consequences arising from the development of the disease); c. Tertiary prevention (diagnosis, treatment indication, and rehabilitation measures) d. Curative (disease healing); e. Rehabilitation (recovery), is a person's efforts to recover to normal or nearnormal functions after experiencing physical or mental illness, injury, or abuse.
The definition of health itself is defined by the Health Law Number 36 of 2009 concerning Health as a healthy state, both physically, mentally, spiritually, and socially that allows everyone to live a socially and economically productively (Fleetwood, 2020). According to the Health Law Number 36 concerning Health as stated in Article 1 numbers 12 to 15, the concept of health services is divided into four parts, beginning with the notion of promotive health services that emphasize health promotion activities, preventive health services that have a specificity in the prevention of a disease, and curative health services that have activities in the healing process of a disease that afflicts.

Analysis of Health Care Arrangements for Retired Indonesian Navy Patients in the Facing a Happy Death
According to Law No. 29 of 2004 concerning Medical Practices; that medical practice is carried out based on Pancasila and is based on scientific values, benefits, justice, humanity, balance, and patient protection and safety. As written in Law No. 29 of 2004 concerning Medical Practices Chapter II concerning Principles and Objectives -In Article 3 the regulation of medical practices aims to: 1). protect to patients; 2). maintain and improve the quality of medical services provided by doctors and dentists; and 3) Provide legal certainty to the public, doctors, and dentists.
In Law Number 36 of 2009 concerning Health, the distribution of health services is only preventive, curative, and rehabilitative. There is no palliative care that determines the feeling of comfort and happiness just before death. According to Article 1 Number (11), General Provisions of Law Number 36 of 2009 concerning Health, "Health Efforts are any activity and/or series of activities carried out in an integrated and sustainable manner by the government and/or the community to maintain and improve public health degrees in the form of disease prevention, health promotion, disease treatment, and health restoration." Then in Article 4 of Law Number 36 of 2009 concerning Health, it is explained that "everyone has the right to health." The right to health as referred to in this article is the right to obtain health services from health service facilities to realize the highest degree of health. From these two laws, it is clear that there is a directive that the welfare of citizens must be pursued to achieve happiness until the time of death, but unfortunately, it does not refer to palliative care.
The Ministry of Health has various regulations that govern the understanding of health services, including the recording and implementation of health services. Meanwhile, the Decree of the Minister of Health of the Republic of Indonesia Number: 812/Menkes/SK/VII/2007 concerning Palliative Care Policy. These are the rules that already support palliative care, which in the end will lead to the patient's peace and even happiness at his last moment.
From a legal point of view, according to Hermien Hadiati Koeswadji, medical law has a narrow understanding; the notion of medical services is a collection of processes in the medical field that have a small scope of only serving patients, while health services are a broader service that involves the government as policymakers in the service sector (Koeswadji, 1998). So, if this palliative service can be regulated by the law in the field of health (health law), then even though this palliative service is a multi, inter, and transdisciplinary service, it will attract the attention of many parties.
In the laws and regulations of the Indonesian Armed Forces or Indonesian Navy. None of the laws and regulations governing the health section of the Indonesian Armed Forces or the Indonesian Navy regulate palliative care or euthanasia (whether in the form of prohibitions or those that are permitted). The slogan "Old Navy Never Die" also describes how enthusiastic retired officers are about defending their country. There is no correlation with whether sticking to the slogan will make one die happily or not.

Analysis of State Responsibilities in Health Care for Elderly Retired Indonesian Navy Patients in the Face of an Expected Happy Death
First, from the side of utilitarianism to find happiness for the elderly Indonesian Navy just before his death The Navy's elderly, who have suffered a lot at sea while still being active on the ship, as well as people who have suffered before, will be happy if they do not suffer before death, for example, pain, shortness of breath, thinking about the problems of those that will be left behind, or if these things happen, they are expected to happen in the shortest possible time (Kamarudin, 2021). Because those who will die are all humans in this world, the elderly Navy is included, and if palliative treatment, palliative care, or palliative services can be applied to everyone, utilitarianism's sense of justice, namely happiness for the greatest number, will be fulfilled. Here again, there are no exceptions, including the Navy's seniors, who once had the slogan "Old Navy Never Die." There is another way to speed up the elimination of suffering, namely by euthanasia, especially for those who are terminally ill, but euthanasia is still a matter that is contrary to legal, ethical, and religious norms.
Second, from a deontological perspective. It is the duty of society and the state to prosper their citizens. The state, in this case, the government, especially the Ministry of Health, is the party that should think about happiness in terms of physical and mental health/happiness. Naturally, at this time, we start thinking about better health efforts that are more advanced and more perfect. In connection with this article, the law should be amended to add the stages or types of health efforts from promotive, preventive, curative, and rehabilitative; to preventive, promotive, curative, palliative, and rehabilitative. This has two purposes: ensuring the welfare of its citizens and inhibiting the trend toward legalizing euthanasia.
Third, in terms of law and religion. In terms of ethical, legal, and religious norms, euthanasia is not good, and neither is it recommended. In general, it is prohibited in society, for health workers, especially doctors who are the party who will be appointed to do so, must always adhere to their professional oath based on the Hippocratic oath, which must always respect human life. They are not only required to show respect but also to reduce the suffering of their patients. Therefore, it is very appropriate if the medical community proposes to increase palliative legislation, develop attention to pain (pain killers), and even specialize in palliative fields.
Legal Trends in Indonesia: in Indonesia, the criminal code is KUHP (the book of criminal law). In Article 338 of the Criminal Code, the maximum penalty for murder is 15 years; while in Article 344, murder at the request of the victim, which is often related to euthanasia, the maximum penalty is 12 years; and in the New Code, that's ready to be promulgated, the maximum penalty is 9 years. So, there is a trend for the penalty to be lowered and lowered even further. It can be predicted that in this phenomenon, the autonomy of the owner of life might not be appreciated anymore. So, this phenomenon must attract attention to make legislation of Palliative care.

Conclusion
Despite the Old Navy Never Die Slogan. The right to die happily for the elderly of the Indonesian Navy is the same as other Indonesian citizens, no law specifically regulates it. There is not even a law yet for the conditions just before death that should have been very well prepared by paying attention to palliative care. Viewing from the arrangement of palliative care, Indonesia has not carried out efforts for the welfare of the elderly in general, especially the retired elderly of the Indonesian Navy following the ideal basis of Pancasila and the constitutional basis of the 1945 Constitution of the Republic of Indonesia, which is very much needed by the elderly in the future. The responsibility of the State in the care of the Indonesian Navy's elderly patients is also the same as that of society in general, it can still be optimized.