Studi Komparatif Terhadap Publikasi atau Promosi Diri Notaris Serta Pengawasannya di Negara Jerman dan Indonesia

Abstract

Job promotion is strictly prohibited for notaries, as explicitly stated in the professional code of ethics. Notaries are forbidden from engaging in self-promotion through print media, congratulatory flower arrangements, or any other forms of advertisement. This study addresses three key issues: (1) How are the legal regulations regarding notary self-promotion structured in Indonesia and Germany? (2) How is the supervision of notary self-promotion conducted in both countries? (3) What is the urgency of reforming the regulations and supervision of notary self-promotion in Indonesia in the future. This research employs a normative juridical approach with a descriptive-analytical method. Data collection relies on literature and document studies (documentary study). The findings of this study reveal that: (1) Legal regulations concerning notary self-promotion in Indonesia and Germany are explicitly governed by the 2015 Notary Code of Ethics and the German Federal Notarial Act (Bundesnotarordnung - BNotO). (2) In Indonesia, the supervision of notary self-promotion is conducted by the Notary Honorary Council (Dewan Kehormatan Notaris - DKN), which oversees ethical compliance both within and outside the professional scope. In Germany, supervision is carried out by judicial authorities in each federal state and the Notary Chamber (Notarkammer) in accordance with the provisions of the BNotO. (3) The urgency of reforming Indonesia's regulations on notary self-promotion and supervision is essential to uphold professionalism, integrity, and independence within the profession. Globally, supervisory practices vary significantly, with Germany implementing stricter sanctions and a more structured monitoring system. This study recommends harmonizing Indonesia's Notary Law (UUJN) with the Notary Code of Ethics, strengthening regulatory frameworks and oversight mechanisms, and enchancing public awareness through the Indonesian Notary Association (Ikatan Notaris Indonesia - INI) to ensure compliance with ethical standards.