Laws live and develop from patterns of behaviour in society, laws are not free of values, between legality and justice are inseparable. Laws made by the authority of sovereign states that are regulated and have sanctions can work effectively if there is a relationship of moral values that provide essential justice. Medical Criminal Law (MCL) regarding medical action has not been comprehensively regulated in the legal subsystem in the health sector. The complexity of the problems that arise in society is always growing which is followed by rapid advances in medical science and technology so that MCL is needed for legal certainty for medical personnel and legal protection for the community. Literature study in normative analytical research with a conceptual approach offers the idea of moral transplantation in the construction of MCL can be built under the values that live and develop in society (living law) based on the principle of material legality

Since September 2014, The House of Representatives passed a new Nurses Act, Act Nr.38 of 2014. Nurses Act is considered legal protection for nurses in Indonesia and defines their scope of practice. The Act was developed and passed with the specific aim to improve professional quality and the quality of nursing care. Nurses are legally permitted to prescribe limited medical treatment based on physicians' delegation or mandated orders. All of these actions will be regulated by codes from the Ministry of Health, which will be derived from the new Nurses Act and with consideration of the nurse's competencies to perform such specific medical interventions. This study to examine the extent to which the doctor as general practitioner delegated medical treatment to the nurses and to analyze procedure towards authority delegation from doctor to nurses. As usual, both doctor and nurses were reluctant to have minor clinical treatment delegated and a majority did not think that nurses should carry out delegated diagnostic procedures. Doctors and nurses who had completed their training were more likely to favor delegation since this decade so that delegation may become more common, for example in favor of delegating injections, dressings and stitch removal and immunizations. There is no clear definition of the scope of practice for the nurse in the field, in contrary delegation among those with unfavorable views often appeared formidable. Nurses need reeducating before such a system could. It is dangerous to have someone who'sundertrained.

Laws live and develop from patterns of behavior in society, laws are not free of values, between legality and justice are inseparable. Laws made by the authority of sovereign states that are regulated and have sanctions can work effectively if there is a relationship of moral values that provide essential justice. Medical Criminal Law (MCL) regarding medical action has not been comprehensively regulated in the legal subsystem in the health sector. The complexity of the problems that arise in society is always growing which is followed by rapid advances in medical science and technology so that MCL is needed for legal certainty for medical personnel and legal protection for the community. Literature study in normative analytical research with a conceptual approach offers the idea of moral transplantation in the construction of MCL can be built under the values that live and develop in society (living law) based on the principle of material legality