Documentos de Académico
Documentos de Profesional
Documentos de Cultura
MALAYSIAN POLITICS,
GOVERNMENT & ECONOMICS
QXGX 6105
QGA080007
FEBRUARY 2009
INTERNAL SECURITY ACT (ISA) IN
MALAYSIA: THE BARRICADE IN HUMAN
RIGHT
What is ISA?
The ISA is an act to provide for the internal security of Malaysia which has been formed in 1960,
preventive detention, the prevention of subversion, the suppression of organized violence against
persons and property in specified areas of Malaysia, and for matters incidental thereto. It is
supposed to be long essay to explain the entire thing about Internal Security Act (ISA). Here, the
main inspiration is to discuss why Internal Security Act (ISA) should bring to an end since it is
not relevant enough to hold this act in this new era.
The authority of ISA…..
Under this law, the Minister of Home Affairs may detain a person for a period not exceeding two
years (and renewable for twoyear periods indefinitely) on the suspicion or belief that the
detention of that person is necessary in the interest of public order or security. Further, no
grounds need to be given by the Minister for the initial order or the extension. It is significant to
note that in law this is an executive detention order and not a detention pursuant to a judicial
decision. This is underscored by the highest judiciary in the land which pronounced the Internal
Security Act (ISA) is a peculiar law, and is peculiar to our country' and further that the 'judges in
the matter of preventive detention relating to the security of the Federation are the executive.
People in Malaysia stand their right…..
As people who live in a peaceful community, having eased and contentment in own country; it is
deplorable whenever the people start to speak their thoughts and minds not in favor in one of the
act that has been established since 1960, that is Internal Security Act (ISA). The Malaysian’s
people, especially who practiced law where the feeling love to protect and be protected by the
law, will always endure remain that the Internal Security Act (ISA) is absolutely should not be
considered necessary in taking action to individuals because the other law or act that has been
established is adequate enough to assert for those wrongdoers. In Malaysia, the opposition side
from Pakatan Rakyat (PR) has constantly showed their enmity to the draconian Internal Security
Act (ISA) which allows for indefinite detention without trial. But the latest uproar against the use
of Internal Security Act (ISA) by the Barisan Nasional (BN) government under the leadership of
Prime Minister Datuk Seri Abdullah Badawi as historical. It is safe to be said that, it was the first
time that the Barisan Nasional (BN) government component parties had voiced out their
displeasure for the draconian act to be invoked against civilians. One of the ministers who
reiterate his commitment to abolish Internal Security Act (ISA) had resigned over the move by
Abdullah’s government.
The international voice….
It is not only people in Malaysia aware with this law, but also catches interest from the outsider as
well. Since the arrest of two journalists and one Member of Parliament (MP) almost 5 months
ago under the Internal Security Act (ISA) by Malaysia authorities, is increasing gross violation of
the Malaysian Constitution, ASEAN Charter and international human rights norms, explained
Chalida Tajaroensuk who is the Director of People’s Empowerment in a statement released on 16
September 2008. “The Internal Security Act (ISA) is intended to combat serious threats to public
security, not political intimidation. The use of draconian measures under the Internal Security
Act (ISA) are permitted only under the most grave threats to public security, and not silencing
legitimate political activity and protected free speech” said Ms. Tajoroensuk. As a member of the
Association of Southeast Asian Nations (ASEAN), the Malaysia Government must uphold the
principles of the ASEAN Charter, which is fully ratified not long ago. Political use of the
Internal Security Act (ISA) by the Malaysian Government is thus in clear breach of the principles
of good governance, rule of law, and democracy repeatedly stated throughout the Charter. It is
unambiguously seen that the country that is in this region cannot have different to the persecution
of civil society in any ASEAN state and the civil society across the region must take a stand to
uphold rule of law and good governance in Southeast Asia.
From the history and civilization perspective, there is only two structures governance which is
using the draconian law like Internal Security Act (ISA). First one is, country which applied
dictatorship system where there are no rooms for the democracy to survive here. Second is the
weak governance which has been given clearly sign by the people to step out from being ruling
government, yet still has feeling good to hold the power, even they know their power can be no
longer endure and has become dimmer and dimmer. So, the government, in order to cling their
power, they use draconian law to their political enemy. Why I focus on this case is simply
because the lopsided that we can noticeably see as in below case.
The uneven policy that applied by the ruling government can be seen when Ahmad Ismail, the
exLeader of United Malays National Organization (UMNO) component from Bukit Bendera,
Pulau Pinang has made a racist statement that the Chinese were merely immigrants and therefore
should not entitled for equality in Malaysia. When it first broke up and heated up, Abdullah
Ahmad Badawi who is UMNO leader excused Ahmad Ismail by saying that the latter did not
mean what he said at, of all places, a Barisan Nasional (BN) political talk during the Permatang
Pauh by election recently.
But, surprisingly is how did Abdullah know whether Ahmad Ismail really meant what he uttered?
Did he listen to the tapes of the speech from the police, who are supposed to tape every speech at
political talks and rallies? Or are the police these days not interested to tape BN/UMNO
speeches, only Opposition speeches? If so, isn’t this proof enough of the bias and politicization
of the police in general and the Special Branch (SB) of the police in particular?
Indeed, further and more sinister evasion and twisting came thick and fast. As though to placate
any hurt feelings in UMNO over the 3year suspension of Ahmad Ismail, a sort of childish
balances as it were. Consider the timetable of idiocy. Ahmad Ismail was suspended from UMNO
for three years on September 10, 2008. Two days later, the BN government at Putrajaya conducted
a cowardly Internal Security Act (ISA) crackdown on Seputeh MP (Member of Parliament)
Teresa Kok of the DAP, Sin Chew Daily reporter Tan Hoon Cheng and blogger Raja Petra
Kamaruddin. At the same time, three newspapersThe Sun English daily, Sin Chew Daily and
Suara Keadilan of Anwar Ibrahim’s Parti Keadilan Rakyat (PKR) were given show cause letters
from the Home Ministry for breaching publication guidelines allegedly and apparently.
The Internal Security Act (ISA) as a diversionary tactic had worked in the past, in fact since the
very inception of the Internal Security Act (ISA) by the then UMNO leaders, Tunku Abdul
Rahman and Tun Abdul Razak Hussein in 1960, followed by Internal Security Act (ISA)
crackdowns in the 1960s, 1976 under Hussein Onn, father of UMNO youth leader Hishamuddin,
1987 in the form of “Operasi Lalang”, 1998 infamous capture on Anwar Ibrahim and his closest
aides, including some ABIM leaders, and 2007 notorious on Hindraf leaders.
The inhuman law….
Internal Security Act (ISA) is purely underprivileged law which has been introduced almost a
half century ago. It has been amending not less than 17 times and whenever modification takes
place, it always open a new hole to ‘bite’ especially within the jurisdiction subjugated to the law
in the court for example, Evidence Act , Criminal Procedure Code and Penal Code.
As in Section 73, it gives blanket power to the authority including to arrest any individual up to
60 days without bring that individual to magistrate. Section 8, one injunction for the detainee is 2
years and can be incurred without sentence and cannot be represented by the lawyer. The 2 years
duration can be continued for every additional part of period under the minister power. A
horrendous sweeping power had wicked for many of the combatant especially from the opponent
political party for instance Dr Burhanuddin AlHelmi, Datuk Ahmad Boestamam, Dr Syed Husin
Ali, Kassim Ahmad, Mohamad Sabu, Mahfuz Omar etc.
Here we go again, the Internal Security Act (ISA) the good, old weapon against dissent, the
weapon that was born 49 years ago out of a big lie. The convenient tool to silence all critics
outside the party when you have lost the open argument, and to warn all dissidents within the
party. The Internal Security Act (ISA) has been widely regarded as “Law of The Jungle” by
people who really care about giving proper consideration to the claims of all concerned. This is
because the Internal Security Act (ISA) is without a doubt based on who hold the power will win,
not footed by who are right and fair to become a winner.
The clash…
In November 2008, at least 17 detainees Internal Security Act (ISA) have been released. They are
including famous blogger, Raja Petra Kamaruddin and Yazid Sufaat. The emancipation of the
detainees show that the pressure from the Malaysian people especially from Gerakan Mansuhkan
ISA (GMI) which has been work hard to give awareness to the people regarding this draconian
law. It is hapless to see at the same time, there is a party struggle to perpetuate the Internal
Security Act (ISA). They were reported from “Pertubuhan Permuafakatan Melayu” (Pewaris).
Pewaris is one of the Non Government Organization (NGO) from Malay community, so the
question raised now is there any good for the Malays to continue the Internal Security Act (ISA)?
It is good to view how the Internal Security Act (ISA) has influence the Malay itself. Whether
with this rule, the Malays have become more dynamic and more mature community or vice versa.
Let’s take a look from economic perspective. How was the current situation for Malay’s financial
system? The answer is Malays was the last in terms of property and business these days. Malays
failed to get 30% equity property in economic domain when the DEB (Dasar Ekonomi Baru)
coming last in 1990. So, is it Internal Security Act (ISA) helped the Malays increase their
economic wealth? The reader can answer the question with an instant respond, am I right? Next,
from the social aspect, Malays sit on top of the most public problem. Drug adductors mostly
coming from Malays, not a great shock to hear that. In breaking of a religious or moral law,
Malays is number one. Even “Pengkid” problem, the “fatwa” or ruling on a point of Islamic law
given by a recognized authority was needed to solve this problem to hinder from increase to a
greater height of number. Last but not least, from the perspective of language and nobility of
nation. At this time, Malay language has been acknowledged as a formal lingo in Malaysia since
the Independence Day, but it is not qualified to be chosen as a formal language in Science and
Mathematics. So what?
Based on argument above, it is safe to say that, there are no solid reasons for the Malay NGO
struggle with full power to give Internal Security Act (ISA) continue to exist in current situation
especially in 21th century where the so called “Law of The Jungle” should be abolished as soon as
possible in order to people get their right and fair in the law court.
The history to learn by heart…
When we talk about Internal Security Act (ISA), we should fall back to the past time history of
Prophet Yusuf a.s to be our main reference in judging predicament. When Prophet Yusuf and
Zulaikha were captured, Prophet Yusuf was given a chance to defend himself. The Prophet
Yusuf’s cloth tattered at the back shows that Zulaikha pull him when he wanted to escape. So,
Zulaikha was proven as trying to entice Prophet Yusuf at that time. If the Egypt ruler at that time,
who owns a majestic government with colossal soldiers behind him, can give Prophet Yusuf
chance to defend himself, is there any chance for Internal Security Act (ISA) detainees who have
been arrested year after year to get their own entitled?
REFERENCES
1) Fan Yew Teng, 2008. Internal Security for Abdullah. Harakah, 22-25 September
2008.
2) Mohd Shukor, 2008. The law for the people. Harakah, 15-18 September 2008.
3) Suhaimi Taib, 2008. Internal Security Act should be abolished. Sinar Harian
21 September 2008.
4) www.asienkunde.de/articles/Malaysia2
5) www.infernalramblings.com/
6) www.worldfutures.info/Analysis/Islamic-World/Malaysia-Minister-resignation-sign-of-
ailing-Malaysian-politics
7) www.feer.com/politics/2008/october/Malaysias-Authoritarian-Resurgence
8) www.atimes.com/atimes/Southeast_Asia/DI17Ae01.
9) www.en.wikipedia.org/wiki/Internal_Security_Act_(Malaysia)
10)www.hrw.org/legacy/backgrounder/asia/malaysia-bck-0513.htm
11)www.amnesty.org/en/library/info/ASA28/006/2003/en
12)www.bythefault.com/2008/11/16/malaysias-internal-security-act-isa-strikes-again/
13)www.edition.cnn.com/2001/WORLD/asiapcf/southeast/08/06/malay.isa/