Jurnal Iman dan Spiritualitas
Vol. 6 No. 3 (2026): Jurnal Iman dan Spiritualitas

Legal Protection for Nurses Who Perform Medical Procedures Based on the Delegation of Doctor's Authority

Emilia Saminoe Pantja Praboandini (Universitas Islam Nusantara, Bandung)
Elvin Shon Jie (Universitas Islam Nusantara, Bandung)



Article Info

Publish Date
13 Aug 2026

Abstract

This study examines the delegation of medical authority from physicians to nurses within the framework of Indonesian law. It is motivated by the prevalence of nurses performing medical procedures based on physicians' instructions, despite the lack of clearly defined legal regulations and standard operating procedures regarding such delegation. This situation creates ambiguity regarding the boundaries of liability between physicians and nurses. The study aims to: (1) examine legal regulations concerning the procedures, prerequisites, and forms of delegating medical authority from physicians to nurses; and (2) analyze the resulting legal consequences for both professions, particularly in instances of negligence or alleged malpractice. A normative juridical research method was employed, utilizing statutory and case analysis approaches. Data sources included various regulations—such as the Medical Practice Law, Health Law, Health Personnel Law, and Nursing Law, along with their implementing regulations—as well as academic literature. The findings indicate that Indonesian law regulates the delegation of authority through "mandate" and "delegation" mechanisms subject to specific requirements: delegation must be in writing, align with the nurse's competence, occur under physician supervision, and exclude strategic medical decision-making. Under a mandate, the physician retains legal liability, whereas under delegation, partial liability is transferred to the competent nurse. Legal implications may involve criminal, civil, or administrative liability. The Sidoarjo District Court Decision No. 1167/Pid.B/2010/PN.Sda illustrates the complexities involved when nurses perform duties based on physicians' instructions. The study underscores the necessity of legally compliant delegation—supported by supervision, documentation, clear SOPs, enhanced nursing competence, and adequate legal protection—to ensure that healthcare services remain safe and accountable.

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Journal Info

Abbrev

jis

Publisher

Subject

Religion Humanities Social Sciences

Description

Jurnal Iman dan Spiritualitas (JIS) is an open-access journal and peer-reviewed scientific works both theoretically and practically in the studies of religions and spirituality in various parts of the ...