Legal Protection of Nurses in Medical Action on the Basis of Delegation of Doctors

Authors

  • Reny Suryanti
  • Nyoman Serikat Putra Jaya
  • Pujiyono

DOI:

https://doi.org/10.37506/ijfmt.v15i3.15913

Keywords:

criminal liability; medical treatment; nurse; legal protection.

Abstract

This study aims to determine the legal protection of nurses in performing medical actions on the basis of
an abundance of doctors. This study uses a sociological juridical approach by examining what is behind
the appearance of the application of laws and regulations. The type of data used is primary data, namely
research conducted directly in the community in the Bengkulu City General Hospital and secondary data
is data obtained from a review of the literature, and analyzed by qualitative methods. The results showed
that nurses in Bengkulu City Hospital received protection from the hospital as long as the nurse carried out
their duties in accordance with service standards, professional standards and standard operating procedures.
The Indonesian National Nurses Association (PPNI) in Bengkulu City also provides legal protection in the
form of defense and assistance as long as the nurse is registered as a member of the PPNI. Meanwhile, the
criminal responsibility of nurses in carrying out medical actions on the basis of the abundance of doctors in
the Bengkulu City Hospital has not been clearly regulated, because there has not been a written delegation
of authority from doctors to nurses in carrying out medical actions. Pursuant to Article 55 and Article 56 of
the Criminal Code, if it is proven that what a nurse has done on an abundance of doctors is a criminal act
(offense), the nurse can be punished as the perpetrator (pleger), and the doctor as the one who ordered it.

Author Biographies

Reny Suryanti

PhD Student on Law, Faculty of Law, Universitas Diponegoro, Semarang, Indonesia

Nyoman Serikat Putra Jaya

Lecturer at Faculty of Law, Universitas Diponegoro, Semarang, Indonesia

Pujiyono

Lecturer at Faculty of Law, Universitas Diponegoro, Semarang, Indonesia

Published

2021-05-17

How to Cite

Suryanti, R., Putra Jaya, N. S. ., & Pujiyono. (2021). Legal Protection of Nurses in Medical Action on the Basis of Delegation of Doctors. Indian Journal of Forensic Medicine & Toxicology, 15(3), 3947-3953. https://doi.org/10.37506/ijfmt.v15i3.15913