Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


The Legislation of Security Offences (Special Measures) 2012 for Terrorism Prevention in Malaysia

Author(s): Hanif Md Lateh, Rahimah Embong, Muhammad Firdaus Hadi, Mohd Irman Abd Nasir, Aman Daima Md Zain

Terrorism is a critical issue that has spread in Malaysia since her independence and this happens at the national level. In the last ten years, Malaysia is also involved in international threats. Therefore, this article aims to explore the issue of terrorism in this country and review the legislation of the 2012 Security Offenses (Special Measures) for preventing the cases of terrorism. The study also considers the transition of a new Malaysian government that intends to repeal this act. This review found that the enforcement of the 2012 Security Offenses (Special Measures) has been based on the current situation in Malaysia. In addition, this article revealed some related cases applying this act as the preventative measure of terrorism. This study is qualitative that using a content analysis method. The data obtained from primary sources of government gazettes, acts and the House of Representative Hansards. The obtained data had been analyzed with deductive and comparative approaches. The study found that the enactment of the Security Offenses (Special Measures) 2012 has several motives that include repealing and replacing the Internal Security Act 1960. Moreover, within 2 years of enactment, this act gave holistic focus on cases involving terrorism. Based on the reason of legislation of the Security Offenses (Special Measures) 2012, the article supports its annulment the context of focusing on the prevention of terrorism and extremism activities. The reason of this support is due to the legislation of a more focused act namely the Prevention of Terrorism Act 2015. This article recommends further studies should be done in comparing Security Offenses (Special Measures) 2012 with the Prevention of Terrorism Act 2015 as well as their application in related cases.

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