Terrorism is not something new to be talked about, especially after 911. This is a worldwide issue and it has stated that there are roughly 130,000 fatalities all around the world from 2006 to 2013 because of terrorism. According to Schmid (2004), somehow terrorism is very famous issues that become important to all countries as it deals with violent such as indiscriminate bombings, armed assaults on civilizations, focused assassinations, kidnapping, hostage-taking and hijacking and those are also considered as criminal. Those examples are happening these days with many fatalities and victims throughout the world. Basically, terrorism is the wrongful use of violence in order to speak up their protest towards politic, ideologies, religions or even racial issues.
Even though a data from Statista confirmed that the number of terrorist attack had reduced from 2006 to 2013, the government needs to counter terrorist. One of them is Prevention of Terrorism Act (POTA). POTA was introduced as counter-terrorism legislation after the Birmingham pub bombs in November 1974. POTA has been implemented in each of the countries for example in Malaysia. POTA implementation is to preserve harmony since Malaysia is a multi-racial country.
POTA was spread around some parts of the world. One of the countries which already implement POTA is India. India has POTA since 2002, and it is for the whole of India. Background of POTA in India was same with what Malaysia had done, but what makes it different is, and after the terrorist attack on India’s Parliament building in December 2001, India immediately has passed its own POTA. Basically, POTA has issued in India’s Union Cabinet in October 2001 (Chris, 2004). It is also because of 250 Indian citizens were trapped in the World Trade Center in September 11, 2001, that was made Indians in terror at that time. But then, Indian government immediately war with terror with the POTA issue in 2 months after 911. However, before POTA was fully implemented, there was terror by Muslim terrorist who attacked the Indian Parliament. After three months of the terror, the Prime Minister requested to make the temporary ordinance of terrorism as Prevention of Terrorism Act. As a result, legislation passed POTA in March 2002.
1.1 Problem Statement
Issue on terrorism in Malaysia; after the 911 tragedy, the world has set the strategies to prevent terrorist attack, especially in Malaysia. Islamophobia is the biggest issue that all Muslim countries should be faced because of that tragedy. Unfortunately, it continued, Islamic State of Iraq and Syria (ISIS) which established in 2014 became the scariest terrorist until today. Malaysia itself has Internal Security Act (ISA) since in the early 1960s as the temporary measure to fight a communist rebellion, yet after 911, the former Prime Minister, Tun Mahatir, justified the using of the ISA on counter terrorism grounds. In April 7, 2015, the Prime Minister Najib Razak introduced what called the-new ISA which is specifically focues on terrorism, the Prevention of Terrorism Act (POTA). However, is POTA a new Act which replaced ISA or it can be seen that, government is easily to judge people directly as a terrorist? Therefore, this research is going to justify whether the implementation of POTA is considered ethical or non-ethical.
1.2 Research Questions
1. How POTA was created in Malaysia?
2. Dose POTA is effective?
DISCUSSION
1.0 The Creation of POTA in Malaysia
According to Singh (2015), Malaysia has introduced the Prevention of Terrorism Act (POTA) to settle the growing threat of the transnational Islamic State and other forms of terrorism. The move is rooted in the Internal Security Act (ISA) and its predecessors that were enacted to counter the communist insurgency in Malaya, then Malaysia from 1948 to 1989. Since the end of the communist insurgency in Malaysia there have been calls for the repeal of these draconian laws. Two grounds have been put forward. First, the threat by communism is over and second, it has been abused by authorities to detain political opponents.
Deputy Prime Minister 2015, Ahmad Zahid Hamidi once announced the establishment of Prevention of Terrorism Act (POTA) in September 1, 2015. This enforcement was in the tabling of White Paper by Prime Minister Najib Abdul Razak on November 26, 2014. Following the passage of the White Paper on ‘Towards Combating the Threat of Islamic State’ in Parliament, the government promised to enact a new regulation to affect the concerns in the White Paper. This paper was a commitment of the Government which consists of 59 paragraphs to encounter the threat of Islamic State (IS). The new law, Prevention of Terrorism Act (POTA) was tabled in the current seating of Parliament. The key provisions of the new law include: detaining suspected terrorists for up to two years with a possibility of a further two years’ extension; electronic monitoring device being attached to the detainee; and the administration of various preventive measures to de-radicalize suspects. According to Astro Awani report (2015), the purposes of POTA implementation in Malaysia are;
1. To prevent the conduct or support for acts of violence involving terrorist organization of a foreign country and for the control of persons affected by such act.
2. Ensure that no individual escape legislative action should they engage in terrorism.
3. The Act ensures that the citizens and the country’s security are not threatened by those involved in militant activities.
According to Zahid as well, the Prevention of Terrorism Act 2015 (ACT 769) had tabled by the government in Parliament during March session in 2015. In other words, the government already focused on Terrorism needed to have any individual regulation to be implemented. He said mention that, ‘Act 769 had received the consent of the Yang di-Pertuan Agong on May 28, 2015, and had come into force officially on September 1, 2015.’
POTA is to be administered by the Terrorism Prevention Board and not by the Executive. While there were grounds to repeal the ISA in 2012, by 2015 it became apparent that new preventive detention laws were necessary. A key factor was the severity of the threat posed by supporters of Islamic State in Malaysia, involving some 200 Malaysians who were already fighting in Iraq and Syria. Some have died as suicide bombers and others in combat. The flow of recruits is also continuing.
1.2 POTA is to maintaining peace and security
The Prevention of Terrorism Act is one of the new acts that implemented in Malaysia. It is meant to deal with the growing threat of ISIS (DAESH) which is rooted from ISA (Internal Security Act. Previously, the tragedy of 9/11 triggered many countries to have law or any act of prevention of terrorist. Some of the countries make strengthen through immigration in tackling the terrorist issues. This act of counter the terrorist is indeed to secure nation with proper security.
Thus, the first reason of prevention of terrorism act is the security of the nation which formulates anti-terrorism law to ensure and give legal protection that can disturb the democracy system and security. Long time ago, Malaysia has experienced terrorism since 1948 with a lot of battle against Communist. These attacks started in year 2000 from a faction named ‘Al Mauna’ with 111 firearms were stolen from the Territorial Army post in Kuala Rui Perak.
Then it continues with Jemaah Islamiyah group that involved with bombing inn 2002 Malaysia. Six members of the Jemaah Islamiyah were arrested and it that killed 202 people during that time (Badrah, n.d). Thus, these events become root for Malaysia authority to strengthen the security and to maintain peace and protect human rights by implementing POTA.
POTA and uniform forces
Many organizations involved with POTA and these people are well trained and intelligent forces to be part of counter terrorist. Thus, Malaysia has established the NSOF (National Special Operation Force) to respond with terrorist attack.
Figure 1. National Special Operations Force’s Logo
According to Prashant (2016) took the saying from Dato’ Najib Tun Razak (prime minister of Malaysia), NSOF could defence quick and faster in mobilizing land, air and maritime to deal the terrorist attack. It is fully operte that comprise with 170 personnel including 17 offcers which their camp will be at Sungai Besi. NSOF also is part of the country’s National Blue Ocen Strategy (NBOS) which includes with 80 ministries that cover not only safety and security, but also public service, women, youth and family, entrepreneurship and education.
Based on Badrah (n.d) she mentioned certain forces that included in the counter terrorism which are also 11thUniform Squadron Regimen Gerak Khas, Alpha Platoon of PASKAL, Flight Hostage Rescue Team PASKAU, Counter-Revolutionary Warfare 69th Commando Batallion of PGK, Special Actions Unit of PGK, UNGERIN, Trup Tindakan Khas and Special Task and Rescue. The Royal Malaysia Police since 2010 has its own special unit to look into terrorism issues that is the Royal Malaysia Police Counter-Terrorism Task Force. These force are the specialize millitary that might can involve with the terrorist attack. However, to make the operation become more efficient,thus all levels of society and they include the military (Angkatan Tentera Malaysia – ATM), the police (Polis Di Raja Malaysia – PDRM), the Maritime Enforcement Agency (Agensi Penguatkuasa Maritim Malaysia – APMM), the Malaysian Royal Customs Department, Border and Infrastructure Security and the Civil Defence (Jabatan Pertahanan Awam Malaysia – JPAM).
As these millitary forces involved, so there are also power of arrest and demand if a person is caught to be a terrorist. Law of Malaysia, act 769, Prevention of Terrorism Act (2015) in part II has stated the what need to be done for police:
Arrest and production before Magistrate
(1) A police officer may without a warrant arrest any person he has reason to believe that the ground exist which would justify the holding of an inquiry into the case of that person under this act
(2) When a person is arrested under subsection (1), the case shall be refered by police officer to the Public Prosecutor for direction not later than seven days from the date of arrest.
(3) Any person is arrested under subsection (1) shall, unless sooner released, be taken without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey) before magistrate.
(4) The police officer making an investigation pertaining a person arrested under this section shall cause a copy of the complete report of the investigation to be submitted to”- a) an inquiry officer b) the board. Within such period as may be prescribed by the Minister by regulations made under this act.
There are also criticism of POTA yet not even touch on wether it is ethical or not. The criticism is more to rulling government which this act as it is just replacement of ISA as it has Anti terrorism similar to the repealed ISA (Bilyeer, 2015). Besides that, as mention in Law of Malaysia, act 769. It gives police and any authority regarding to this to detain suspects without warrant or give judicial review for an extended period of time. This might be a problem to the unregistered under societies act as it said that ‘No person shall be arrested and detained solely for his political belief or political activity’. Even though it claimed like that yet, POTA will be used beyond what it stated. Some afraid that POTA will be used against opposition politicians ( Reader Digest, 2015).
2.0 Justification the effectivenes and uneffectiveness of POTA based on two cases: King Salman and Siti Noor Aishah
2.1 King Salman
Latest news that happen during this year is the case related to attempt of attack towards King Salman in his visit to Kuala Lumpur. In March this year, the Malaysian authority officially annouced that seven people involved in this attempt of attack the Royal family members of Saudi Arabia government. Malaysian Chief Police Tan Sri Khalid Abu Bakar said to media that the individuals that involved in this case try to attack the Royal family member of Saudi Arabia during their visit to Kuala Lumpur, Malaysia. And fortunately, Malaysian authority managed to caught them before anything serious happen. (Tribun-Bali.com, 2017)
According to news reported, four Yemen citizen been detained by counter terrorism department of Bukit Aman special branch including three more suspect who one from Malaysia and one from Indonesia. They ware detained before King Salman and his delegation group members arrived in Kuala Lumpur. Saudi Arabia is the country who led the party that fight against the rebellion group in Yemen in the past two years before, but however it cannot be ensured either the four citizen of Yemen that been caught by Malaysian auhority are part of the rebellion group or not. Other source also said that these people could also part of ISIS. (Tan Sin Chow, 2017)
Apart from that, the Corporal General Tito Karnavian from Indonesian authority ratified the truth behind the statement which is the involvement of one Indonsian citizen in the attempt of attack the King Salman and his delegation group during their visit to Kuala Lumpur. He also said the authority of Indonesia and Malaysia has working closely together in sharing the information and communicate with each other relating to this case. (BBC Indonesia, 2017)
In 21 until 26 February this year, suspects for this case been detained during several rush done by PDRM under the department of Counter Terrorism from Bukit Aman special branch. These four suspects are between age of 26 and 33 years old arrested in Cyberjaya, Malaysia. Meanwhile, the two more suspects from Malaysia and neighbour country Indonesia were arrested in Kepong, Selangor in 21 February 2017. Each ages 41 and 28 years old and believed that their involve in terrorist group (Daesh). They work as a factory techinician and farmer said Tan Sri Khalid Abu Bakar. He also emphasized from the result of the police investigation which the two individuals received command from Mohamed Wanndy Mohamed Jedi to use ‘Vehicle Borne Improvised Explosive Device’ (VBIED) in big scale size before sneak out from Malaysia to join Daesh in Syria. However, the news did not mention when the command or the attempt of attack will be launch. (Nasional, 2017)
Tan Sri Khalid also said that the seven suspects been arrest under Chapter VIA (offences related to terrorist, Penal Code (Act 574). They also being investigated under Security Offences (Special Measures) Act or SOSMA. Meantime, one of them also been arrest for the offence under Malaysia Imigration Act 1959. (BERNAMA, 2017) Even though there is no official case being recorded under POTA implementation, but this case study can also be related to the prevention of terrorism in this country as we looked at the Malaysian authority efforts in preventing any of terrorism activity in Malaysia.
2.2 Siti Noor Aishah’s case
The purpose of this case study is to address the issue related to Malaysia’s laws pertaining to prevention of terrorism activities within this country recently. Therefore, the issue here is regarding to detaining of a person due to possession of 12 books which claimed to have attachment with international terrorism group like Al Qaeda, Jemaah Islamiyah (JI) and Islamic State (IS). The person been detained twice by Malaysia’s authority, which the first detention was under the Security Offences (Special Measures) Act or known as SOSMA, and second detention was under the POCA (Prevention of Crime Act). This case study will try to examine and understand what and why this thing happened.
Siti Noor Aishah is an excellent student. She was an ex-student in master of Usuluddin (Faith) from Malaya University. Her ambitious to get a master snag, and unfortunately, she should have spent 5 years in prison due to the offence of having 12 books related to international terrorism groups. First time she been detained was on March 2016 under Section 130JB Penal Code and SOSMA. On April 2016, she been charged at Kuala Lumpur High Court and she admitted not guilty of having the 12 books. Later, in September 2016 Kuala Lumpur High Court released Siti Aishah from all the charges due to no prove for prima facie case upon her. Surprisingly, at the same day she has been detained again by authority under the POCA. (Adam Abu Bakar, 2017)
The problem here is why Siti Aishah being jail for only 5 years? We do acknowledge that terrorism is a serious problem that threat national security and harmony. Terrorism is an issue that listed under international concern. It is not only in Malaysia but other countries as well facing the same problem or challenge.
Based on article posted by The Malaysian Times (2017), Siti Noor Aishah personally told by the court judge Datuk Mohamad Shariff Abu Samah about her intention to go to Syria for jihad. However, the judge found doubtful in her confession, which it could be mean something else. Judge also said that evidence of statements in this case is irrelevant. At the end of the trial, decision made which is 5 years in jail for Siti Noor Aishah. Meanwhile, lawyer that represented her in the trial appealed to the court for short period of jail penalty, start from the first day she been detained by authority. According to Aishah’s lawyer, Mohd Kamaruzaman, he said to the court that his client is still young and easy to get influence by her master lecturer at Malaya University. Plus, as a young generation, she has potential to serve our nation community, said Kamaruzaman.
However, Ahmad Nazneen Zulkifli (Deputy Prosecutor) applied to the court for suitable and fair punishment. It is as lesson for accused and others who has intention to join or involve in any kind of terrorism activities. He also addressed that punishment imposed is a signal for Malaysian people and outside country that Malaysia taking serious terrorism issue that happen within the domestic level. It also includes preventing the possession of the 12 books on terrorism that might lead to negative outcome in future. (The Malaysian Times, 2017)
Justification:
From those cases above, Malaysia has to have this act for maintaining peace and security and it is not because of other countries having it, it is because for safety of the country. Terrorist attack is just like domino as if one person involves and everyone gets to in action. However, what is going to be justified is whether POTA is effective or ineffective enough combat terrorist attack? Indeed, the counter terrorist attack seems effective and Malaysia had worked with others to deal with it. Even though the suspects were not revealed how punishment work somehow, if we look the efficiency of our anti-terrorist army combat the attack on King Salman.
Right after the King Salman case, in the case of Siti Noor Aishah somehow gave a bit on how the procedure. First and foremost, this case depicts that Malaysia has a serious action to prevent terrorism, even in the small thing. Yet, the implementation of POTA in this case is not according to the POTA statement which is stated ‘without trial’ and ‘without any lawyer’ because POTA has issue to directly send the suspect in jail two years. In the eyes of POTA, by having attributes that relate to terrorism considers as terrorism because it shows that there is something to learn to be terrorist. Yet, in this context, Siti Noor Aishah has intention to have those books to finish her master in Malaya University.
First of all there are two sides we need to explore here. First, the position of Siti Noor Aishah that only studies about terrorism but in the wrong way. She was too ambitious to finish with an excellent result, but she did not obligate the Malaysian regulation that Malaysia prohibits the existence of books which related to terrorism activity and international terrorist groups. Secondly, the position of POTA is strictly looking at terrorism activity in Malaysia. But, by looking at that case above, the implementation and punishment were not according to POTA, even though it called kind of the act of terrorism.
However, is POTA work effectively? In my opinion POTA is effective enough even though the detention on Aishah is different from what had been promised. Let us look on the other side, the government somehow took a very serious for a person who might take POTA as a simple thing just like Aishah did. The case of Aishah might open people’s eyes that terrorist attack is very heavy and serious and citizens need to take it seriously. It sounds like unfair but if this kind of act or if Aishah was no arrested people would think it is serious case even worse maybe it cost lives.
3.0 Religious/ethical perspective based on Islamic view on POTA in Malaysia
3.1 POTA for protecting innocent people
Indeed, Islam teaches us as humankind to avoid violence especially terrorism. Islam never tollerate those who commit violent and terrorism and those are consider as sinfull deed. Al-Qur’an has many explanation on peace and war, and Shari’ah law is a thing that can guide people to have fair judge even to all Muslims and non-Muslims. POTA is a man-made act that struggled to prevent terrorism and terrorists.
Islam is obviously ask people to prevent something violent and attacking especially innocent people. Those who commit terrorist attack is not honoured, and they will be punished in the day of judgement (Al-Tantawi, 2001). Allah says in the Qur’an: ‘No bearer of burdens can bear the of another’ (17:15). This verse clearly explain how Islam rejects terrorism and all of deed that we did will be asked in the hereafter. It is clear that, Allah wants us to put our effort to prevent something that is not humanized. By having POTA, it such an endavous of people to stand people’s right to prevent terrorism.
3.2 POTA fighting for self defence
Quranic verse: 2:190. Fight in the way of Allah against those who fight against you, but begin not hostilities. Lo! Allah loveth not aggressors.
The quranic ayah said that those who agressively attack country or an individual therefore, we must fight back. Thus, POTA act is not only defence the country but also other nationality. Terroris attack as we know they will kill the innocent person so, having POTA as a medium to self-defence is must for a country to have. I do agree some people might be too extreme live in Islamic way but they do not harm others.
POTA might be a medium for people to not to be too extreme in our life besides, moderation in everything will make better life. Besides, if a government has to count each individual that had extreme thought of Islam before implement POTA and maybe thousands of life will be killed. Therefore, in opinion terrorist attacks that happened nowadays give situation of Darurah for whole world thus, an individual or society need to open their eyes for the sake human rights and need to work together to combat terror in Malaysia.
3.3 POTA protecting the Maqasid Shariah
Terrorist attack concerns with Muslim thus, if Malaysia do not have this kind of act what would be Muslim in the country? As Malaysia prime minister is a Muslim therefore, POTA itself plays important role to take care majority Muslim in the country. How? POTA combating DAESH by many ways and it depicts that Muslim in Malaysia do not support the DAESH and show that Islam is not a religion that kill innocent people. Having POTA there will be less life will be killed, no buildings will be detroyed by bombing, and intellectual of muslim and non-muslim also preserved Maqasid Shariah protecting 5 things which are hifz al-din (protecting religion), hifz al-nafs (protecting life), hifz al-a’ql (protecting intellectual), hifz al-nasl (protecting ancestry) and hifz al-mal (protecting property). If these five things is concerned thus POTA is ethical enough to be implemented.
6.0 Recommendation and conlusion
Modernization creates many life challenges, together with various new issues facing by humanity. Modern society major concern now is on human rights, thus, it leads Malaysian government to have certain laws that can bring safeguard for that matter. The problem here is, even though the laws objectives been clarified, but it cannot stop people from making different type of assumption about the laws effectiveness. Some may agree with the laws implementation but others could also be disagreed upon it. It depends on individual which how they justify the laws, whether it ethically to be enforce or not.
Peace or the absence of war or conflict is something that everybody needs right now. It is because everyone who unsatisfied with the government or has conflict with other ethnic groups or something else today will spread fear easily without looking at consequences. People are easily to spread terror or fear by using technology, or even they easily makee bomb or something that can weakend the government or the citizen itself. Due to this, there is something from the government need to do to combat this action. Other than POTA implementation, the security of the country is also something crucial today. Learning from 911 case, from the eyes of ordinary citizens, they might think that the United States of America has the most sophisticated and advanced security in the world, but the US got lost when group of terrorist attacked the World Trade Center in September 9, 2001.
This kind of new law in Malaysia ‘ POTA ‘ has some views towards how this law being judge the person who doing terrorism. We believe this is quite ethical to implement POTA as the main function to prevent terrorism as Malaysia believed that some of Malaysians already joined Islamic State group which can threat inside Malaysia. Yet, the understanding of security among people also important to know how dangerous terrorism for environment, society and especially the country itself. Some countries may can learn from other countries who have the best and the worst safety and security based on laws and regulations, safety border, and the knowledge about terrorism.
The major concern over POTA, like the ISA, is that it gives police and the appointed board the power to detain suspects without warrant or judicial review for an extended period of time. There are and have been a number of acts similar to POTA in the world, including the US’s Patriot Act, Canada’s Anti-terrorism Act and UK’s own Prevention of Terrorism Acts. All of which were controversial for practically the same reason of suspending rights and laws to give authoritative power to certain entities. Malaysia should have preventive laws such as POTA in order to thwart the support for acts of violence or any attempt to sabotage the country. POTA, if properly executed, will help to promote harmony and unity in the country as The freedom of individual must take second place to the security of the state.
Malaysia as independent and sovereign country, security and peace are the important elements to be taking care off. Current global issue especially related to terrorist group activities that happen in other country are threating the peace and harmony of this country. Therefore, it is important to take a pre-caution step in preventing any terrorist activity within the country by having POTA. This is why the Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi announced the POTA implementation.
POTA is more likely to ISA which been praticed before but in terms of to protect the terrorist and maintain peace. Plus POTA is even much better even though there is criticisms toward this act implementation and its procedures of arresting the suspect under POTA. However, POTA still can be consider as a new act, as for that reason there still no official case record for POTA offence within this nation.
POTA is a good thing for a country. On the other side of the political divide, detractors have pointed out that the new Act might be used on political rivals of the ruling government as POTA, it is like the Security Offences Special Measures Act (SOSMA) before it had stated that. However, no person shall be arrested and detained solely for his political belief or political activity and this is only referring to parties registered under the Societies Act.
Thus POTA, a new preventive law in Malaysia that designed specifically to combat terror threats and thwart Malaysians from supporting any militant activities in the country. It aims to prevent the conduct or support for acts of violence involving terrorist organization of a foreign country and for the control of persons affected by such act as well as. It is to ensure that no individual escape from it if once they involve with terrorist activity.
To sum, this study cannot go wider as POTA in Malaysia had just implemented in 2015 and most of the case and news only for general knowldegde. The sourde for POTA in Malaysia somehow, is not strong enough. Therefore, this paper only gives personal opininion that mostly based on Islamic perspective. Last but not least my recommendation this study on POTA in Malaysia must be continouly learnt because it will become check and balance. Besides that, POTA indeed is man made law that might one day will be used for personal needs. Thus, reviewing case and look into law must be done for someone who would like to do this topic. Therefore, this brief study needs to be reproduced by other researches to follow with a larger, more comprehensive sample to contribute to further knowledge and understanding on the importance of religion in human life.