PENGATURAN KEWENANGAN NOTARIS DALAM PEMBUATAN AKTA PADA MASA PANDEMI COVID-19 DARI PERSPEKTIF HUKUM TATA NEGARA DARURAT (STUDI KOMPARASI INDONESIA DENGAN NEGARA MALAYSIA DAN SINGAPURA)

Abstract

The research discusses the urgency of emergency constitutional law in the regulation of the position of notary in the making of deeds during the Covid-19 Pandemic by comparing the regulations of the Government of Indonesia with the countries of Malaysia AND Singapore. This research uses an empirical legal research type. The approach of this research is a legislative approach, a comparative approach, and a case approach. Data collection techniques by means of interviews and study of documents and literature. The data analysis used in this study is qualitative descriptive. The results of this study are from the perspective of emergency constitutional law, because the Covid-19 pandemic forced the state to deport the normal provisions of the Notary Position Law in order to balance public health protection with the continuity of legal services. Indonesia responded through emergency instruments such as the Ministry of Law and Human Rights Circular Letter No. 7 of 2020 which legalized the practice of e-notaries on a limited basis, Malaysia was more cautious by maintaining physical formalities for important deeds, while Singapore was able to fully switch to virtual notaries thanks to a mature digital infrastructure. A comparative study of notary regulations during the Covid-19 pandemic in Indonesia, Malaysia, and Singapore reveals how the concept of national sovereignty shaped different legal responses.