LEGAL PROTECTION FOR MILITARY DOCTORS IN CASES OF DEATH DURING TRAINING IN THE UNIT

Abstract

Military doctors play a vital role in ensuring the health and safety of soldiers during military training by conducting medical checks and providing assistance in cases of injury or health problems. In Indonesia, although data on training accidents is limited, several fatal incidents such as maritime, air, and physical training accidents have highlighted the need to evaluate safety procedures. In 2021, two deaths during physical training in Banda Aceh and Cimahi showed differences in the legal handling of the military doctors involved, with one doctor being subject to disciplinary sanctions and the other being sentenced to criminal penalties. These differences highlight the inconsistencies in the interpretation and implementation of military law, as well as the importance of understanding and consistently applying codes of ethics and disciplinary laws to prevent similar incidents in the future. The results of the study showed that doctors involved in malpractice can be held criminally liable if proven to have been intentional or negligent, without any reason for criminal exemption. Liability cannot be transferred to nurses or other doctors unless there is evidence that the delegation was carried out professionally but the recipient of the delegation was at fault. Legal protection for military doctors requires Standard Operating Procedures (SOPs) that cover medical care, delegation of tasks, and emergency response. In addition, a therapeutic agreement that includes the rights and obligations of the doctor and patient, including dispute resolution through mediation or arbitration, needs to be implemented to protect the doctor and patient.