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Indonesian Study Calls for Clear Rules on Notaries’ Use of Social Media for Legal Education
Research from Universitas Brawijaya highlights legal uncertainty surrounding educational content and self-promotion by notaries online
The growing use of social media by notaries in Indonesia has created a new legal and ethical challenge: how to distinguish public legal education from professional self-promotion. A 2026 study conducted by Hakim Wildan Abdillah, Patricia Audrey Ruslijanto, and Diah Aju Wisnuwardhani from Universitas Brawijaya argues that Indonesian regulations do not provide sufficient guidance on this issue, leaving notaries vulnerable to ethical disputes and inconsistent enforcement.
Published in the Journal Multidisiplin Madani (MUDIMA) in May 2026, the study examines whether existing Indonesian notarial laws provide legal certainty regarding the use of social media platforms such as Instagram, TikTok, YouTube, Facebook, and other digital channels. The researchers conclude that current regulations contain only implicit limitations and that specific guidelines are urgently needed to define acceptable online conduct for notaries.
Why the Issue Matters
Digital communication has transformed how people access information, including legal knowledge. Social media platforms have become major sources of public education, allowing professionals to explain legal concepts quickly and reach broader audiences.
For notaries, this development presents both opportunities and risks. Notaries play an important public role in providing legal information related to authentic deeds, contracts, inheritance matters, business entities, and other civil law issues. Social media offers an efficient way to improve public legal literacy.
However, Indonesian notarial ethics prohibit self-promotion and commercial advertising. As a result, educational content posted online may sometimes be interpreted as indirect marketing, especially when it prominently displays a notary’s name, office, achievements, or services.
According to the researchers, this creates a regulatory grey area that can generate uncertainty for both notaries and disciplinary authorities.
How the Research Was Conducted
The Universitas Brawijaya research team used a normative juridical approach, focusing on legal texts rather than surveys or experiments.
The study examined:
- Law No. 2 of 2014 concerning the Notary Position;
- The Indonesian Notary Code of Ethics;
- Legal literature and academic publications;
- Relevant theories of legal certainty and legal effectiveness;
- Comparative regulations governing notaries in the Netherlands.
The researchers analyzed how existing legal provisions interact and whether they provide adequate guidance for social media use in the digital era.
A comparative review of Dutch notarial regulations was included because Indonesia’s notarial system historically developed from the Dutch civil law tradition.
Key Findings
The study found that Indonesian notarial law contains ethical principles that indirectly regulate online behavior, but lacks specific operational rules.
According to the researchers, the notary oath emphasizes values such as:
- Honesty;
- Independence;
- Impartiality;
- Confidentiality;
- Professional dignity;
- Responsibility to the public interest.
These values apply not only to traditional professional activities but also to digital communication.
The research identifies several important distinctions between lawful legal education and prohibited self-promotion.
Characteristics of Lawful Legal Education
- Provides general legal information;
- Improves public legal literacy;
- Uses neutral and informative language;
- Avoids persuading viewers to become clients;
- Displays professional identity only when necessary and proportionately.
Characteristics of Prohibited Self-Promotion
- Attempts to attract clients;
- Offers services directly or indirectly;
- Uses persuasive marketing language;
- Highlights personal achievements excessively;
- Builds personal branding in a commercial manner;
- Creates the impression that one notary is superior to others.
The researchers emphasize that the main problem is not the use of social media itself, but the absence of clear legal boundaries defining acceptable educational activity.
Lessons from the Netherlands
The comparative analysis shows that Dutch regulations generally allow notaries to use digital communication tools while maintaining strict ethical safeguards.
Rather than prohibiting online communication altogether, Dutch regulatory approaches focus on preventing:
- Commercialization of professional services;
- Misleading information;
- Excessive self-promotion;
- Actions that could undermine professional independence.
The researchers argue that Indonesia could adapt similar principles to provide greater legal certainty while still allowing notaries to educate the public.
Proposed Framework for Social Media Use
The study recommends the development of a dedicated ethical framework covering five key areas:
Content should be educational, accurate, general in nature, and free from commercial intent.
2. Confidentiality and Privacy
Notaries should never disclose client identities, deed contents, or confidential information.
3. Public Interaction
Responses to public questions should remain general and should not become personalized legal advice.
4. Professional Publication
Professional identity may be displayed for accountability purposes, but not as a marketing strategy.
5. Consistent Sanctions
Clear disciplinary mechanisms should be established to address violations occurring in digital environments.
Implications for the Legal Profession
The findings have important implications for legal professionals, regulators, and policymakers.
For notaries, clearer rules would reduce uncertainty regarding what can and cannot be posted online. For supervisory bodies such as the Notary Honor Council, written standards would support more consistent ethical enforcement.
The study also has broader relevance for professional regulation in the digital age. As more professions use social media to communicate with the public, regulators face increasing pressure to balance public education with professional integrity.
The researchers argue that legal certainty requires more than general ethical principles. Practical and enforceable guidelines are necessary to ensure that digital communication remains educational rather than promotional.
As the authors explain, the values embedded in the notary oath provide an ethical foundation, but these principles must be translated into operational standards that can be applied consistently in modern digital environments.
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