Pertanggungjawaban Pidana Perawat

Abstract

Embodiment of health through health efforts on society is inseparable from the role of health workers, one of which is the nursing workforce. Along with the development of the role and function of the nurses towards professional nurses and doctors, they are sometimes in an overlapping position meaning that action of nurse in providing medical services ideally is the authority of the doctor. So it is necessary to be carried out a basic research on the medical treatment of the nurse in performing actions outside of those powers and accountability of the nurse in the medical action, particularly in terms of criminal law. This research is conducted to examine and understand basic medical actions undertaken outside of nurse, as well as analysing legal policy related to liability criminal aspects of the nurse. The types of legal research done are normative juridical research. The empirical merger between normative and legal approach are reinforced with the addition of the empirical elements against the material of study research. The results shows that there are considerations that ought to be relied upon medical nurses carrying out actions outside of those powers, and that base is used as a justification of nurses in relation to medical action outside of those powers. It is possible for the nurses not to be exposed to liability criminal basis in relation to the elements of negligence. Based on the research results, it is recommended that the Government and the legislature accommodate certain medical acts performed by nurses with basic and proper consideration into nursing law. And if the Law currently has been applied in nursing, it is hoped in the future, there is an effort of improving the law that can provide protection and legal certainty of execution independent of the nurse's practice in relation to the fulfillment of health efforts in the community.