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YOURSAY | When laws are incorrectly applied

YOURSAY | “Police have a poor reputation when it comes to enforcement, due to poor training.”

Teen girl's Sosma detention leads to fresh calls for abolishment

Apanama is Back: The fundamental problem with the police is not merely the laws at their disposal, but their inability or unwillingness to apply those laws correctly, including the Security Offences (Special Measures) Act 2012 (Sosma).

Laws such as the Prevention of Crime Act 1959 (Poca) and the Prevention of Terrorism Act 2015 (Pota) grant the police extensive powers to arrest and detain individuals without a warrant.

These laws create situations where action is taken based on suspicion rather than immediate evidence.

Under such circumstances, even a 16-year-old girl could be detained for a prolonged period based purely on police suspicion.

There have been repeated reports of procedural violations, including illegal detention beyond the constitutionally allowed 24 hours without proper magistrate authorisation, as well as arrests made before investigations are completed.

Existing guidelines also make it clear that random checks of mobile phones are unlawful unless there is reasonable cause and the presence of an officer of inspector rank or higher.

Lim Guan Eng, adviser and former chairperson of DAP as well as former finance minister, has failed to address the root cause of the problem.

Instead of urging the government to abolish or radically overhaul Sosma, he should be directing attention to police personnel who do not know or refuse to apply the law properly.

The fault lies with enforcement, not with Sosma per se. When a law is applied incorrectly, the law earns a bad name, not the individual misapplying it.

This results in endless amendments, while the same mindset among enforcement personnel remains unchanged. There is no meaningful retraining or cultural reform after amendments are passed.

The root cause is the personnel. Lim is taking the easy way out. Why not propose that Prime Minister Anwar Ibrahim establish the Independent Police Complaints and Misconduct Commission (IPCMC)? “Tak berani”? (No courage?).

Both the former inspector-general of police Razarudin Husain and Home Minister Saifuddin Nasution Ismail have remained silent, predictably defending the police by insisting that officers act judiciously, just as the home minister did when Rex Tan, a former journalist with Free Malaysia Today, was arrested.

Laws such as the Sedition Act 1948, Sosma, Poca, and Pota are undoubtedly unpopular. More troubling, however, is their selective and arbitrary application.

Abuse, not legality, is the real issue - and it must be stopped.

Just Common Sense: However good or bad any law is, in the end, it depends on the bodies enforcing it.

Police have a poor reputation when it comes to enforcement, due to poor training, and officers are appointed more to protect politicians than the rakyat.

Whenever an issue crops up, politicians’ first and only solution is to introduce new laws.

Whether enforcement bodies are competent to enforce these new laws is never considered.

This is pure incompetence on full display, fully financed by taxpayers.

Salvage Malaysia: If the authorities themselves do not follow the law, what difference does it make even if you amend or abolish it?

These people will continue to do whatever they want. Action must come before talk.

When the home minister is weak, everything beneath him collapses.

Where are the investigations and punishments? Almost every case is swept under the carpet.

PinkMarlin6024: The detention of a 16-year-old under Sosma is a grave stain on the Madani administration and a disturbing violation of basic principles of justice and human rights.

Subjecting a minor to such an extraordinary security law reflects a profound failure of judgment and accountability.

Immediate and transparent action must be taken against the agencies and personnel responsible for this decision.

More fundamentally, this incident exposes the deep flaws of Sosma itself.

It is long overdue for this law to be reviewed, repealed, and replaced with legislation that upholds due process, protects children, and respects the rule of law in a truly democratic society.

Anonymous: “The Pakatan Harapan government will abolish draconian provisions in the following Acts: the Penal Code, Communications and Multimedia Act 1998, Sosma, Peaceful Assembly Act 2012, and Pota.”

This was Harapan’s 15th general election manifesto. After 38 months, how many promises have been fulfilled?

DAP has said it will give Madani six months to deliver meaningful reforms. This will expire on May 9, 2026. We are watching.

Optimus: When DAP is silent, they are criticised. When they speak up, they are still criticised. For DAP, do also kena (get hit), don’t do also kena.

In this case, is DAP doing any worse than PKR, Umno, MCA, MIC, PAS, or Bersatu, which have been silent?

Apa you orang mau (what do you people want?), when DAP is treated as a punching bag no matter what?


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