UNCOVERING
SOSMA
The Legacy of Draconian Law
In 2012, the Malaysian government introduced Security Offences (Special Measures) Act 2012 (SOSMA) to replace the draconian and controversial Internal Security Act 1960 (ISA) after being pressured by the public of its necessity.
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Due to the negative perception of the ISA 1960, we saw a large street demonstration every week calling for anti-ISA and the abolition of the law. Later, the government decided to let go of ISA.
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However, looking at the importance of such law to maintain law and order, the government re-introduce the Security Offences (Special Measures) Act 2012 (SOSMA) that allows detention without trial – up to 28 days.
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From 60 days detention during ISA to 28 days, the perceptions of the public were slightly better, but there are more to it.
SOSMA is a non-bailable offence and it is a procedural law – during the process of interrogation, you can be detained under SOSMA. Then, if you were found guilty, a new law will be used to prosecute the case. It will be read together with the existing law, for instance, Section 130 of Penal Code which has specific punishment.
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