Online legal counselling as business strategy: Exploring the mediating role of notarial code of ethics

Download This Article

This work is licensed under a Creative Commons Attribution 4.0 International License.

Abstract

This study provides an analysis of the moral principle and values contained in the Indonesian Notarial Code of Ethics that prohibits notary from doing any publication or promotional activities, focusing on the phenomenon of notaries who utilizes online media to provide legal counselling and the possible consequences given to the notary who violates it (Ramadhan, Sutiarnoto, Leviza, & Azwar, 2022; Herawati, 2019). The method used is normative legal studies. The prohibition is essentially meant to prevent promotional nature, as it is considered inconsistent with the value of independence and the obligation for a notary to act trustworthy, thoroughly, and impartially and to protect their client’s interests. However, different interpretation and no regulatory limits that specifically explains what forms of action are considered as promotion, thus creating uncertainty on this topic, suggest that a more in-depth study must be pursued by The Indonesian Notary Association on behalf of the organization. The results of this study conclude that notaries, in carrying out their duties and positions, are required to work properly and professionally and follow a code of ethics, so that notary products in the form of authentic deeds can provide legal protection and legal certainty to parties in need. Also, lawyers and advocates are expected to make difficult decisions in often difficult situations; this process often requires legal practitioners to balance conflicting belief systems. In this case, the idea often arises to use fast technology to make work more efficient, thus giving rise to the phenomenon of blogs and websites owned by notaries.

Keywords: Legal Counselling, Notary, Code of Ethics, Mediating Role, Business Strategy

Authors’ individual contribution: Conceptualization — S.S. and A.P.; Methodology — A.P.; Validation — S.S.; Formal Analysis — S.S. and A.P.; Investigation — S.S. and A.P.; Resources — S.S.; Data Curation — A.P.; Writing — Original Draft — S.S. and A.P.; Writing — Review & Editing — A.P.; Visualization — S.S.; Supervision — S.S.

Declaration of conflicting interests: The Authors declare that there is no conflict of interest.

Acknowledgements: The Authors would like to thank Universitas Diponegoro, Semarang, Indonesia, for the outstanding support for this research.

JEL Classification: K0, K4, K24

Received: 23.05.2022
Accepted: 16.12.2022
Published online: 20.12.2022

How to cite this paper: Shabrina, S., & Putrijanti, A. (2022). Online legal counselling as business strategy: Exploring the mediating role of notarial code of ethics. Corporate Law & Governance Review, 4(2), 68–76. https://doi.org/10.22495/clgrv4i2p8