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All Journal Indian Journal of Forensic Medicine & Toxicology
Pujiyono
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Public Health

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Legal Protection of Nurses in Medical Action on the Basis of Delegation of Doctors Reny Suryanti; Nyoman Serikat Putra Jaya; Pujiyono
Indian Journal of Forensic Medicine & Toxicology Vol. 15 No. 3 (2021): Indian Journal of Forensic Medicine & Toxicology
Publisher : Institute of Medico-legal Publications Pvt Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37506/ijfmt.v15i3.15913

Abstract

This study aims to determine the legal protection of nurses in performing medical actions on the basis ofan abundance of doctors. This study uses a sociological juridical approach by examining what is behindthe appearance of the application of laws and regulations. The type of data used is primary data, namelyresearch conducted directly in the community in the Bengkulu City General Hospital and secondary datais data obtained from a review of the literature, and analyzed by qualitative methods. The results showedthat nurses in Bengkulu City Hospital received protection from the hospital as long as the nurse carried outtheir 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 theform of defense and assistance as long as the nurse is registered as a member of the PPNI. Meanwhile, thecriminal responsibility of nurses in carrying out medical actions on the basis of the abundance of doctors inthe Bengkulu City Hospital has not been clearly regulated, because there has not been a written delegationof authority from doctors to nurses in carrying out medical actions. Pursuant to Article 55 and Article 56 ofthe 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.
Implementation of the Criminal Justice System for Persons with Disabilities Taufik Hidayat; Mahrus Ali; Arief Hidayatullah Khamainy; Nyoman Serikat Putra Jaya; Pujiyono
Indian Journal of Forensic Medicine & Toxicology Vol. 15 No. 3 (2021): Indian Journal of Forensic Medicine & Toxicology
Publisher : Institute of Medico-legal Publications Pvt Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37506/ijfmt.v15i3.15997

Abstract

The criminal justice system is built on the ideology of normality, a perspective that all people are physically and intellectually normal. Consequently, the process of investigation, prosecution and examination in court proceedings is only aimed at and designed for those who are normal. The existence of persons with disabilities has become marginalized and even forgotten. The rights of persons with disabilities are often violated both when they are perpetrators and witnesses/victims of criminal acts. In order for the criminal justice system to be pro for them, the medical approach should be abandoned and replaced with a social approach. Here what is needed is what the law enforcers need to fulfill at each stage of the criminal justice so that persons with disabilities have the right to a fair criminal trial. A profile assessment is necessary to determine the character, barriers and needs of persons with disabilities in the early stages of the criminal justice process.
Co-Authors Arief Hidayatullah Khamainy Mahrus Ali Nyoman Serikat Putra Jaya Reny Suryanti Taufik Hidayat