Page 2741

Asian Journal of Engineering, Social and Health

Volume 3, No. 12 December 2024

Volume 3, No. 12 December 2024 - (2741-2750)

ABSTRACT

Notary self-promotion is prohibited in the Notary Code of Ethics and the Notary Position Law (UUJN)

because it can harm the independence, professionalism, and dignity of the Notary profession as a public

official who has a position of trust. The purpose of this research is to analyze the form of prohibition of

self-promotion by Notary and the sanctions applicable to its violation. The research method used is

normative legal research with an analytical approach through literature study of primary and secondary

Keywords: Self Promotion, Notary Position, Code of Ethics, Sanctions.

INTRODUCTION

Number 30 of 2004 Concerning the Position of Notary states that a Notary is a public official

authorized to make authentic deeds and has other authorities as referred to in this Law or based

on other laws. In carrying out his/her position as a Public Official, a Notary is required to act

professionally (Chandra & Purwanto, 2024). Therefore, a person who will become a Notary is

required to have morals, morals, and high integrity because Notaries have the trust of the state

Katherine Merryana Siahaan, Chairunnisa Said Salenggang

Page 2742

Volume 3, No. 12 December 2024

and quotation of the deed, as long as the making of the deed is not also assigned or excluded to

other officials or other persons stipulated by law (Setiawan & Gun, 2017). Based on the above

provisions, it can be seen that the state entrusts a very important task and authority to the Notary

so that the Notary must adhere to the rules of office, ethics of office, and other regulations

relating to the implementation of the Notary position.

Notary carries out his profession not with the aim of earning income, but aims to ensure

protection, order, and legal certainty for the community through his scientific standards.

2022). Officium Nobile which means noble profession or noble profession means that in essence

the profession is a form of service in terms of humanity and morality (Nurzannah et al., 2023).

People who carry out this type of profession do not make a living or reward for the work they do,

but only aim to help society through their expertise (Magnis-Suseno, 1996). The Notary

profession is referred to as officium nobile because this profession is closely related to humanity,

where the deed made by a Notary will become a title containing the rights and obligations of the

parties to the deed. So that if there is an error or mistake in the deed, it can result in the

concerning Amendments to Law Number 30 of 2004 concerning the Notary Position (hereinafter

referred to as UUJN) and the Code of Ethics of the Notary Position, as well as applicable laws and

regulations. The Notary Code of Ethics is a moral rule derived from the congressional decision of

a Notary profession, namely the Indonesian Notary Association (hereinafter referred to as INI)

which is the only Notary organization recognized by UUJN, namely in Article 83 paragraph (1)

which contains moral appeals to Notaries in carrying out their duties and authorities. In the

Notary's code of ethics, a Notary is required to have an attitude of independence, honesty,

impartiality and responsibility in carrying out his/her position (Kartikosari & Sesung, 2017). The

realization of this attitude can be found in the prohibition of using mass media in terms of self-

promotion of the Notary position which is considered as an attitude that does not reflect the

Prohibition of Self-Promotion in the Notary Code of Ethics and the Notary Law

Page 2743

Volume 3, No. 12 December 2024

value of independence, so that these actions are prohibited by the Notary code of ethics to be

carried out.

Notaries are only through signboards installed in the Notary office environment (Herawati, 2019).

The name sign serves as a pointer that the notary is in that location, just like the ministry office

their profile include their position and position as a Notary.

being debated. This is a dilemma, given the development of technology that is considered to be

able to assist the implementation of the office of notary and is considered to be able to help the

public to obtain information about notary services.

out to analyze the form of prohibition of self-promotion of the Notary position referred to in the

Notary Code of Ethics and the Notary Position Law and the sanctions that can be imposed on

Notaries who violate the provisions of self-promotion in the Notary Code of Ethics and the Notary

Position Law. The purpose of this study is to analyze the form of prohibition of self-promotion of

in understanding the limits of Notary authority to ensure professionalism and legal certainty.

legal materials including scholarly articles, legal opinions, and judicial decisions (Soekanto, 2007).

Data analysis is conducted qualitatively through statutory interpretation to examine the intent

and wording of legal provisions, comparative analysis to evaluate similar regulations in other

Katherine Merryana Siahaan, Chairunnisa Said Salenggang

Page 2744

Volume 3, No. 12 December 2024

jurisdictions, and thematic analysis to synthesize findings, ensuring a comprehensive

understanding of the legal and ethical implications of notary self-promotion.

RESULTS AND DISCUSSION

Notary Self-Promotion According to the Code of Ethics and the Notary Law

in terms of making authentic deeds for the needs of the community related to civil law (Ma'ruf

& Wijaya, 2015). Notary is a profession that occupies a legal position whose duty is to provide

services in the field of civil law to the public. However, notary is not an ordinary profession,

because what is said to be a profession is a person who does a job with a specific purpose with a

authentic evidence made by the notary in writing for various legal actions to be carried out by

the community. Thus, notary cannot be classified as an ordinary profession but is a profession of

office (Selenggang, 2023).

the state, makes Notary has a function as a publicofficial (Abdullah, 2017). The function of Notary

as a public official aims to serve the public and aims to make authentic evidence for the benefit

of the wider community, not for the personal interest of the Notary. The function of a Notary as

a public official makes the Notary also carry a position of trust, so that a Notary is not only

required to have expertise in notarial matters, but must also have high morals, namely by always

upholding the ethics, dignity and dignity of his position (Wiratmodja & Romlan, 2022).

e. Equality Principle

f. Competence and Diligence Principle

g. Principles of Trustworthiness and Honesty

h. Confidentiality Principle

j. Professionality Principle

Prohibition of Self-Promotion in the Notary Code of Ethics and the Notary Law

Page 2745

Volume 3, No. 12 December 2024

m. Principle of Legal Certainty (Duty of Avoid and to Prevent Any Form of Unauthorized Legal

Practice)

n. Principle of Accuracy

attention to the ethics of his/her profession in accordance with the governing provisions such as

the Notary Position Law, the Notary Code of Ethics, and related applicable laws and regulations

(Lenawati, 2019). In other words, a notary is required to demonstrate ethical behavior or

attitude, and always maintain the dignity of the profession in accordance with conscience.

person or organization to actions that create exchanges in marketing. Article 1 point 6 of Law

Number 8 of 1999 (hereinafter referred to as UUPK) concerning Consumer Protection states that

promotion is the activity of introducing or disseminating information on goods and/or services

to attract consumer buying interest in goods and/or services that will and are being traded by

business actors (Mahadewi, 2016). Promotion is one of the variables in the marketing mix which

whether incorporated or not, established and domiciled in Indonesia, which carries out business

activities in various economic fields with the aim of making a profit. When referring to these

provisions, the Notary cannot actually be categorized as a business actor, because the Notary

does not aim to make a profit. A Notary is not a trader who has to market his product to get profit

from the sale of the product. However, the true philosophy of a Notary is to provide protection,

order, and legal certainty for the community by making authentic evidence. Thus, a Notary does

not need to do self-promotion because the notary profession is not an ordinary profession like

business actors in the provisions of the GCPL, but a form of professional position.

maintain his dignity as a Public Official (Herawati, 2019). The self-promotion of a Notary is

Katherine Merryana Siahaan, Chairunnisa Said Salenggang

Page 2746

Volume 3, No. 12 December 2024

essentially the work itself, where if the Notary does his work precisely, quickly, and accurately,

the client will feel satisfied with the Notary's services in terms of making authentic deeds. The

client's satisfaction with the Notary's services will certainly make the client return and will even

provide the information to his relatives. This is a form of self-promotion from a Notary.

actions are prohibited because such actions will result in the authority and dignity of the notary

as a public official decreasing so that it can undermine public confidence in the office of Notary.

and addresses of Notary offices contained in electronic media which when opened do contain

advertisements of the Notary in electronic media such as Instagram and Notary Services Website

in which there is 1 page displaying the Name of the Notary Office, which is equipped with a

telephone number and services provided by the Notary. It is true that the creation of this website

helps the public in finding notary addresses in various regions, making it easier for people to

know where to look for a Notary when needed, it will even be very helpful for entrepreneurs or

investors who only know their home area, because the information through the website helps

the profile description of their personal social media accounts. Indirectly, this can be seen as a

form of position promotion that violates the provisions of the Notary Code of Ethics and should

not be done by Notaries because the Notary will be better known by the public which indirectly

leads public opinion to consult on how to use the Notary's services to produce a Notary product

called an authentic deed through a contact person or by direct message which is one of the

features on social media.

Integrity, where a Notary is expected to have an inner attitude that reflects the integrity and

balance of the Notary's personality as a person and as a state official in order to maintain his

honor and dignity. In this case, the Notary is expected to behave honestly, to be neutral, not to

choose and not to seek popularity or personal gain through self-promotion. In addition, self-

Prohibition of Self-Promotion in the Notary Code of Ethics and the Notary Law

Page 2747

Volume 3, No. 12 December 2024

promotion through social media is also not in line with the Principle of Independence of a Notary

which is regulated in Article 16 paragraph (1) letter a of Law Number 2 of 2014 concerning

Amendments to Law Number 30 of 2004 concerning the Position of Notary (Phalosa et al., 2022).

The principle of independence means that a Notary in carrying out his/her position is free from

influences originating from the Notary himself/herself and/or inducements from one of the

Wahyuni, 2017). Intentionality is an act that is done willingly (Meliala, 2020). For the occurrence

of intentionality there is no need for the intention to cause harm to others. Most mistakes made

by a Notary do not have an element of intent. However, as a state official, a Notary should clearly

understand the provisions stipulated in the UUJN and the Notary Code of Ethics so as not to

undermine public trust in the office of Notary.

allowed to conduct self-promotion or publication through print or electronic media. This means

that notaries are not allowed to make publications even if they only write their position as a

notary on social media or promote their services through websites. The actions of the Notary are

a form of violation of the Notary Code of Ethics, so their actions must be accounted for through

provisions of Article 6 numbers 1 and 2 of the Notary Code of Ethics are:

1. Sanctions that can be imposed on members who violate the Code of Ethics can be :

a) reprimand;

b) Warning;

c) suspension (temporary dismissal) from membership of the Association;

d) onzetting (dismissal) from membership of the Association;

e) dishonorable dismissal from membership of the Association.

2. The imposition of sanctions as described above against members who violate the Code of

Ethics is adjusted to the quantity and quality of violations committed by the member.

basically also violated Article 16 paragraph (1) letter a of Law Number 2 Year 2014 which

Katherine Merryana Siahaan, Chairunnisa Said Salenggang

Page 2748

Volume 3, No. 12 December 2024

regulates the independence of a Notary (Herawati, 2019). Notaries who violate this can be

subject to administrative sanctions by the Notary Supervisory Council in the form of:

a. Written warning;

b. Temporary suspension;

c. Honorable dismissal; or

implementation of the Notary Code of Ethics. In this case, the role of the Notary Supervisory

Council (hereinafter referred to as MPN) is needed as a body formed by the government to

supervise, examine, and impose sanctions on Notaries. In this case, MPN is required to play an

active role, not only waiting for complaints, but MPN can directly conduct examinations of

Notaries who commit violations in carrying out their positions.

CONCLUSION

also adherence to high moral and ethical standards, as outlined in Law Number 2 of 2014 on the

Position of Notary. Among these ethical guidelines is the prohibition against self-promotion,

including the use of social media or websites to advertise notarial services, as this undermines

the independence and professionalism required of the position. Violations of this regulation,

which also contravene the Notary Code of Ethics, compromise the dignity and integrity of the

notarial office, necessitating accountability through enforcement of sanctions by the Regional

Supervisory Council and Regional Honor Council.

ethical compliance.

Prohibition of Self-Promotion in the Notary Code of Ethics and the Notary Law

Page 2749

Volume 3, No. 12 December 2024

REFERENCES

Abdullah, N. (2017). Kedudukan Dan Kewenangan Notaris Dalam Membuat Akta Otentik. Jurnal

Fitri Wahyuni, F. (2017). Dasar-dasar hukum pidana di Indonesia. PT Nusantara Persada Utama.

Ghansham Anand, S. H., & Kn, M. (2018). Karakteristik jabatan notaris di Indonesia. Prenada

Harmoko, H. (2022). Kode Etik Profesi Advokat Dalam Menjaga Eksistensi Advokat Sebagai Profesi

Hasibuan, A. (2017). Etika Profesi-Profesionalisme Kerja.

Herawati, A. P. (2019). Larangan Notaris Mempromosikan Diri Melalui Internet Berdasar Undang-

Ihsannudin, S., Nugraha, R. N., & Chotimah, T. H. (2022). Penerapan Bauran Pemasaran Pada

Mahadewi, S. H. (2016). Perlindungan Hukum Konsumen Atas Tayangan Iklan Televisi yang