Reconstruction of Legal Protection Policy for Nurses as Civil Servant

Abstract

The legal protection applied in Indonesia must be the same to all citizens, it currently still can not provide adequate interests to some State Civil Apparatus (ASN), especially nurses in carrying out government duties as they are in dire need of legal protection when facing legal problems while carrying out their duties. This is the basis for the author to raise it into a study where the type of research is a Empirical-Legal type of research that is used to examine the function of a norm that lays the law as an instrument that regulates and controls society. The approach used in this research is conceptual, a statute approach, a philosophical approach, and a comparative approach. The analysis used in this research is descriptive-qualitative.The results of the study show that Nurses basically do not bear the burden of responsibility for errors that occur in health services, especially medical actions carried out by nurses based on the delegation of authority from doctors as long as their implementation is in accordance with doctor's advice. Therefore, Regarding the Condition of Legal Protection for Nurses as Civil Servants It is necessary to reconstruct Law number 5 of 2014 concerning State Civil Apparatus article 92 paragraph 1 point d relating to legal protection of State Civil Apparatus to issue implementing regulations so that State Civil Apparatuses in carrying out their duties The government's duties have clear legal protection so that the delegation of authority for medical actions carried out by nurses must be in written form given by doctors.

Keywords: Reconstruction, Legal Policy, Nurse, Civil Servant.

DOI: 10.7176/JLPG/120-10

Publication date: April 30^th 2022