Legal Consequences of Using Social Media as a Promotional Media for Notaries Based on a Review of the Notaries Code of Ethics

Abstract

This study aims to analyze the legal criteria for notaries' use of social media to avoid violating the prohibition on promotion, as well as the legal consequences and sanctions from a legal certainty perspective. The research method used is normative legal research with a statutory and conceptual approach. Data sources rely on primary legal materials such as the Notary Law (UUJN) and the Notary Code of Ethics, which are analyzed qualitatively using descriptive analytical techniques. The results show that the legal criteria for notaries' permitted use of social media must meet the legal education aspects that are general, objective, impersonal, and do not contain commercial persuasive invitations. This study offers the 3-I Model (Informative, Impersonal, and Integrative) as an ethical parameter. Digital activities are classified as violating the Code of Ethics if they include paid advertising (paid promotion), the inclusion of fees, client testimonials, or commercial rating systems (such as on TikTok and Google Business Profile). The legal consequences for Notaries who promote themselves on social media include ethical sanctions from the Honorary Council (ranging from warnings to dismissal from membership) as well as potential administrative sanctions from the Notary Supervisory Board based on Article 17 paragraph (1) letter i of the UUJN for harming the honor of their position. An operational rechtvacuum (norm vacuum) was found in the Notary Code of Ethics resulting from the 2015 Banten Extraordinary Congress which has not accommodated the development of modern social media features, thus triggering disparities in law enforcement and a deficit in legal certainty. In connection with the legal consequences arising from violations of the Notary Code of Ethics related to the use of social media, corrective action (remedial action) is required which has perfect evidentiary power.