Contaradiktif Doctor's Authority Regulated in Law No. 29 of 2009 concerning The Practice of Medicine and Government Authority In Law No. 30 of 2014 concerning Government Administration

Abstract

The granting of authority in structural and functional positions if referring to the law in Indonesia, has been regulated in law number 30 of 2014 concerning government administration, where nomenclature has been formulated the forms of authority, namely: Attributed authority derived from the 1945 Constitution and law, delegation authority is a way of bestowing authority from top officials to subordinate officials or equivalent officials, where the responsibility is entirely on the recipient of the delegation, while the granting of mandate authority also delegates authority to lower officials, while the responsibility remains with the mandate giver. Because the organization of health workers is recognized and subsidiary, the granting of delegate authority and mandate at any time can be withdrawn by the provision of delegates and the provision of mandates. But the granting of delegation authority and mandate for health workers, especially doctors to nurses or midwives, cannot necessarily be treated by Law No. 30 of 2014, because health workers, especially doctors, are subject to Law No. 29 of 2009 on medical practice and law number 38 of 2014 on nursing.

The granting of delegate authority and mandate from doctor to nurse is the granting of authority that is subject to the special actions of government officials in the permit and licensing regime, i.e. starting from the prohibition norm, but in the case of concrete events, by doctors and nurses can negate the norms of the prohibition with the permissible norms. This permit regime then developed into a licensing regime so as to negate the prohibition norms, become allowed and have developed in practice into 3 (three) forms, namely:

Permits, dispensations and concessions.