Implementasi Undang-Undang Nomor 36 Tahun 2009 tentang Kesehatan terhadap Prosedur Penanganan Pasien di RSI Ibnu Sina Simpang Empat

Abstract

Health is a human right guaranteed in the 1945 Constitution of the Republic of Indonesia. In this research the author limits health workers to nurses. The research method used is a qualitative method with a sociological juridical approach. The research specifications are descriptive based on data obtained from interviews and document studies. The purpose of this research is to find out the policy formulation for nurses who carry out doctor's duties in accordance with Law Number 36 of 2009 and to find out efforts to provide legal protection for nurses who carry out medical procedures according to Law Number 36 of 2009 at RSI Ibnu Sina Simpang Empat. The results of the research show that the criminal legal responsibility of nurses in hospitals, including at RSI Ibnu Sina Simpang Empat, in carrying out nursing actions is not expressly regulated in Law Number 36 of 2009 concerning Health, so that it provides less legal protection for nurses who carry out health services and people who receive health services from nurses. Nurses who carry out the duties of doctors are justified according to Law Number 36 of 2009, namely nurses who have expertise and authority based on delegation from doctors, so that nurses are not permitted to carry out nursing actions/medical actions if there is no delegation of authority from the doctor. However, in reality there are nursing actions/medical actions carried out by nurses without prior delegation of authority from the doctor.