Legal Aspects of Maternity Nursesperforming Childbirth Assistance Measures in the Framework of Carrying Out Doctor’s Duties Against the Birth Process in Breach Locations

Authors

  • Makhfudli
  • Gregory Agung Himawan
  • Nisa AmaliyaVariansyah
  • MokhamadKhoirul Huda

DOI:

https://doi.org/10.37506/ijfmt.v16i2.17912

Keywords:

Legal aspects; Nurse; Authority; Breach delivery.

Abstract

Health is a human right, meaning that everyone has the same rights in obtaining access to health
services and professionalism from health workers. Nurses are the most numerous health workers in
Indonesia. Nursing staff who perform nursing actions must be following the competence of nurses and
Law Number 38 of 2014 concerning Nursing. The purpose of writing this article is to find out how the
legal aspects of maternity nurses who carry out delivery assistance actions carry out the doctor’s duties
in the Breach delivery process By using the normative juridical research method, it can be concluded
that the competence of the maternity nurse is to assist childbirth but does not have the authority to
provide delivery assistance, especially in cases with fatal risks that can cause death to the mother and
fetus. When referring to the criminal provisions of Law Number 36 of 2009 concerning Health Workers,
Article 84 paragraph (1), any Health Worker who commits serious negligence resulting in serious injury
to the Health Service Recipient shall be sentenced to a maximum imprisonment of 3 (three) years. Then
in paragraph (2), namely If the gross negligence as referred to in paragraph (1) results in death, each
Health Worker shall be sentenced to a maximum imprisonment of 5 (five) years.

Author Biographies

  • Makhfudli

    Master of Law Students, Faculty of Law, Hang Tuah University, Surabaya, Indonesia

  • Gregory Agung Himawan

    Master of Law Students, Hang Tuah University, Surabaya, Indonesia

  • Nisa AmaliyaVariansyah

    Master of Law Students, Faculty of Law, Hang Tuah University, Surabaya, Indonesia

  • MokhamadKhoirul Huda

    Professor, Faculty of Law, Hang Tuah University, Surabaya, Indonesia

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Published

2022-04-12

How to Cite

Legal Aspects of Maternity Nursesperforming Childbirth Assistance Measures in the Framework of Carrying Out Doctor’s Duties Against the Birth Process in Breach Locations. (2022). Indian Journal of Forensic Medicine & Toxicology, 16(2), 27-34. https://doi.org/10.37506/ijfmt.v16i2.17912