LEGAL CONCEPT OF NURSING MALPRACTICE IN INDONESIAN HEALTH LAW SYSTEM

Back to Page Authors: Arrie Budhiartie

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Keywords: authority, legal proptection, malpractice, nursing, profession

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Abstract: The concept of malpractice nowadays has spread to the implementation of nursing practice. Under The Nursing Act, there is new legalization of nursing practice as a profession that have the possibility to make mistakes on it. But this Nursing Act does not provide a clear limitation of the concept of malpractice itself, which will complicate the mechanism of law enforcement against nurses who are considered to have harmed the patient. This is inseparable from the concept of the Indonesian health law system which does not recognize the concept and term of malpractice. The concept of nursing malpractice, in principle, has a different characteristic from the medical malpractice concept. These differences need to be understood by the people, including health providers themselves to give legal protection and certainty on the health service that would be related to legal liability and responsibilities. The concept of nursing malpractice, which includes substance and procedures, needs to be synchronized with other legal norms, so that would be no overlapped understanding between nursing and medical malpractice. As a profession, the elements of nursing substances and procedures can be used as benchmarks for the existence of malpractice, while one of the most important elements of substance is the authority of the profession, which will become the benchmark for a standard of the nursing profession as the main point of malpractice criteria. This legal research uses the statute and conceptual approach with the regulation evaluation and interpretation analyzing.

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