Delegation of Authority from Doctors to Nurses in Health Services in Hospitals

Abstract

Health services in hospitals are a vital element in maintaining the quality of life of the community. One important aspect that influences the effectiveness of health services is the delegation of authority from doctors to nurses. This delegation is clearly regulated in Law No. 17 of 2023 concerning Health and Government Regulation No. 28 of 2024, which divides delegation into mandate and delegative. In the delegation of mandate, legal responsibility remains with the doctor, while delegative delegation transfers responsibility to nurses in accordance
with applicable competencies and procedures. However, in practice, the implementation of this delegation often faces obstacles, such as unclear responsibilities, lack of written documentation, and inequality in the professional hierarchy between doctors and nurses. These issues not only have an impact on legal uncertainty but also affect the overall quality of health services. Through a normative legal approach, this study analyzes the legal regulations and implications of the responsibility of the delegation of authority from doctors to nurses, both from the perspective of civil law, state administrative law, and criminal law. The results of the study indicate that existing regulations are sufficient, but reform is needed in terms of implementation in the field. The proposed recommendations include socialization of regulations, additional training for nurses, mandatory written documentation, and adoption of international practices such as the Nurse Practitioners system. With these steps, it is hoped that a more equitable, accountable, and quality health service system will be created.