The provision of healthcare services is the right of every human being and is constitutionally guaranteed in the 1945 Constitution of the Republic of Indonesia. The implementation of health care services in the field of midwives often receives orders from doctors in the form of mandates (because the responsibility remains with the doctor). The impact of sexual violence on children can be physical, psychological and social in nature.
The physical impact can be in the form of cuts or tears in the hymen. The procedure must be carried out carefully so that children in the Traditional Village still receive maximum protection. Subsequently, the provisions of Article 3 of Law No. 11 of 2012 on the Juvenile Justice System clearly indicate the rights of children in criminal law.
In the provisions of Article 5 of Law no. 11 of 2012 regarding the juvenile justice system, it is clearly stated that: Commented [A20]: Is Balinese customary criminal law necessary to be incorporated into the Penal Code or other laws. The author must argue the importance of customary law regulated in the Criminal Code and other laws.
Customary crimes can be carried out through Criminal Mediation with the policies of each sub in the Criminal Justice System.
MANUSKRIP SETELAH REVIEW REVISI: 1 (2023-04-08)
Juridical Study of Delegation of Authority Between Doctors Obstetrics and Gynecology Specialist to Midwives in Health
The delegation of authority from doctors to midwives can only be given on a mandate basis in accordance with Law Number 4 of 2019 on Midwifery in Article 54, while the delegation of authority is delegated by the government to midwives under certain limited circumstances. Law Number 4 of 2019 on Midwifery mentions the delegation of powers conferred by doctors on midwives, but does not clearly define what type of action is delegated. The secondary legal data of this study are books and journals related to the delegation of powers from doctors to midwives.
The delegation of authority from doctors (delegans) to midwives in the performance of medical services is a delegation of the authority's mandate, because the authority giver (delegans) remains responsible for the medical actions delegated to the recipient of the authority (delegataris). 4 of 2019 for Midwives in Article 54, namely the delegation of authority by midwives in the performance of health service actions is given on the basis of the mandate from doctors, the health services mandated by doctors to midwives will be the responsibility of the doctor as the mandate giver and of the doctor . should conduct regular monitoring and evaluation. Delegation of authority from doctors to midwives can be done by delegation or mandate (Merdekawati, 2021).
The delegation of powers is accompanied by a delegation of responsibilities, while the mandate is not accompanied by a delegation of responsibilities (Pramesti, 2013). To date, the delegation of powers for medical tasks to midwives has taken place both in writing and verbally by telephone. The doctor is also legally responsible, as this can happen due to an error in giving the delegation of authority.
These three articles can be applied to criminal offenses as a result of delegation of mandated authority. If related to answer superior, then the doctrine may be analogous to the relationship between doctors and midwives because of the delegation of mandated authority. Therefore, it is necessary to review the patient's medical record, where the error occurred, whether the midwife in carrying out the delegation of powers was in accordance with the standards in the hospital or not, or it was the doctor's fault as the provider of the delegation of authority.
In the performance of health services at health service facilities, doctors may provide delegation of medical authority to midwives as regulated in legislation. It is necessary to clearly divide the form of delegation of authority, namely which actions are taken so that midwives have a limitation of authority in the performance of delegation tasks. Legal Study of Delegation of Authority between Doctors Obstetrics and Gynecology Specialist to Midwives in Health.
Juridical Study of Delegation of Authority Between Doctors Obstetrics And Gynecology Specialist to Midwives in Health
Delegation of authority is often done verbally, directly or over the telephone, because the physician is not present and the location is different from where health care is provided. Midwives generally exercise the authority of physicians, with tasks delegated in accordance with applicable laws and regulations (Saraswati, 2023) (Hanifa Muslimah. & Arrisman, 2022). Delegating authority by transferring legal responsibility to obstetricians does not mean that doctors abdicate responsibility in the event of malpractice that leads to loss of life and serious harm to patients.
Delegation of authority is a legal term, the implementation of which creates legal consequences, namely consequences regulated by law (Saswanti, 2012). Midwives in accepting the delegation of authority for medical actions by doctors, when it is alleged that there is an abuse of authority (Sirait, 2016) and that results in harm to the patient, the midwife herself is not responsible. The delegation of authority mandated by doctors to midwives when referred to in Article 55 of the Criminal Code, namely as an orderer, where in this crime there are at least two perpetrators, namely persons who order and are ordered.
Referring to Article 56 of the Criminal Code, delegation of powers by mandate, as a category of helpers, midwives can be prosecuted if they commit a crime intentionally, while Article 57 of the Criminal Code can be reduced by one third for helpers. First of all, it is necessary to check the criminal liability of both doctors and midwives in the case of abuse that causes harm to patients, in this case, the medical records should be opened if during the performance of midwives they perform inconsistently with standard admission procedures. delegation of authority by doctors, midwives also assume legal responsibility, but in this case even doctors cannot waive their responsibilities when delegating authority, errors in delegating the actions of doctors to midwives can also be fatal for patients (Suryanda et al., 2018). ). When transferring powers, a written letter is required to transfer the duties of the doctor to the midwife so that there is no confusion between the doctor and the midwife when proving the law (Gunawan & Christianto, 2020).
In accordance with the two legal provisions, which refer to the fact that there are conditions in the form of written delegation, so that the written delegation of powers is certainly legally binding, because doctors' delegation of powers to midwives when writing medical records can be used. as legal evidence in accordance with the adopted type of evidence in the Criminal Procedure Act. Legal liability directed at midwives and doctors as providers of delegation of authority by delegation to midwives who commit negligence resulting in loss of health care patients on puskesmas are still subject to legal liability but still need to review existing records if the action is given in accordance with standard procedure or not. Therefore, the delegation of powers by doctors to midwives either by delegation or mandate, if malpractice occurs not entirely by the doctors themselves or the midwives themselves, criminal liability for both doctors and midwives in the event of malpractice causing harm to patients. must be investigated.
The party responsible for the delegation process is the health care site, the doctor as the delegated authority and the midwife as the executor who is the delegated authority. The civil liability of midwives due to the delegation of authority from doctors is different if it happens in hospitals, according to section 46 of the Hospitals Act, hospitals are liable for negligence caused by health personnel, but if the negligence in pukesmas or other health facilities is due to medical personnel or health personnel must be reviewed again. Legal Investigation of Criminal Law Delegation of Authority by Obstetricians and Gynecologists to Midwives in Health.
Juridical Study of Criminal Law Delegation of Authority of Obstetricians and Gynecologists to Midwives in Health
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