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THE OPERATION OF THE SECURITY OFFENCES (SPECIAL MEASURES) ACT 2012 AND A COMPARISON WITH THE OLD INTERNAL SECURITY ACT 1948. HERALDING A NEW DEMOCRATIC ERA, OR OLD WINE IN A NEW BOTTLE?

Simon Wood


The Security Offences (Special Measures) Act 2012 (SOSMA) repealed and replaced the Internal Security Act 1960 (ISA). It was part of a suit of reforms in 2011 and 2012 that Prime Minister Dato Seri Najab Razak claimed heralded a new democratic age in Malaysia. This paper will consider the two statutes, the reasons why both were implemented, the reasons why ISA was repealed and make a comparison between the two sets of laws including some examples of the use of each. Particular attention will be given to the criminal procedure under SOSMA and how it compares to ISA and whether it gives strong protection to suspects rights. The change in philosophical approach under SOSMA will also be addressed. Conclusions can be drawn about the new regime particularly in light of the recent threats coming from the Sulu incursion, kidnappings in Eastern Sabah and Islamic State. SOSMA provides far more rights for security and terrorist supsects than the draconian ISA whilst still providing ample powers for authorities to investigate detect and punish security offences.