SOSMA: AMENDMENTS TO BALANCE NATIONAL SECURITY AND INDIVIDUAL RIGHTS

KUALA LUMPUR, Feb 19 (Bernama) -- Amendments to the Security Offences (Special Measures) Act (SOSMA) 2012 aim to balance national security needs with individual rights while ensuring its effectiveness in tackling serious, complex, and organised crimes that threaten national security and public order.

Home Minister Datuk Seri Saifuddin Nasution Ismail stated that, in line with this objective, the Ministry of Home Affairs (KDN) has outlined three key directions for improving the Act.

"First, the government will review the classification of offences under SOSMA, in particular strictly non-bailable offences and non-bailable offences where bail may be granted at the court’s discretion, based on the severity of the offence.

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"The Act currently covers 73 offences. We will reassess which should remain strictly non-bailable and which should allow courts the discretion to grant bail," he said during a ministerial briefing on SOSMA in the Dewan Rakyat today.

Additionally, Saifuddin Nasution said the government will evaluate the necessity and feasibility of establishing a Special SOSMA Court, similar to the Special Corruption Court and the Special Court for Sexual Crimes Against Children, to ensure that such cases are heard without undue delays.

Saifuddin Nasution said the government is considering amending Section 30 of SOSMA to allow detainees to be granted bail while awaiting the disposal of legal proceedings, including trials and appeals.

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Currently, individuals charged under SOSMA are not eligible for bail, except for children under 18, women, or individuals who are ill or infirm, subject to the court’s discretion.

To expedite this review, Saifuddin Nasution announced plans to establish a Special Committee to refine the proposed amendments and table them in Parliament as soon as possible.

“The faster this committee delivers its findings, the sooner we can table the amendments in Parliament. With the next session in July, this timeline reflects our commitment to continuously improve legal policies, regulations, and efforts to strengthen security and public order,” he said.

He emphasised that while SOSMA is being reviewed for improvements, this does not mean the MADANI government is complacent or taking a lenient stance on the legal measures needed to combat terrorism and organised crime present in the country.

“This demonstrates we are prepared to move beyond the status quo while upholding our responsibility to safeguard peace and security—without compromising the fundamental rights of those involved,” he added.

Enacted in 2012, SOSMA replaced the Internal Security Act 1960 (ISA).

-- BERNAMA