Internal Security Act (Malaysia)
| Internal Security Act 1960 | |
|---|---|
| An Act to provide for the internal security of Malaysia, 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. | |
| Citation | Act 82 |
| Territorial extent | Malaysia |
| Enacted by | Dewan Ra'ayat |
| Date passed | 22 June 1960 |
| Date enacted | 1960 (Act No. 18 of 1960) Revised: 1972 (Act 82 w.e.f. 1 August 1972) |
| Enacted by | Dewan Negara |
| Date effective | Peninsular Malaysia–1 August 1960, Act No. 18 of 1960; East Malaysia—16 September 1963, L.N. 232/1963 |
| Date repealed | 31 July 2012 |
| Legislative history | |
| Bill introduced in the Dewan Ra'ayat | Internal Security Bill 1960 |
| Introduced by | Abdul Razak Hussein, Minister of Defence |
| First reading | 20 April 1960 |
| Second reading | 21 June 1960 |
| Third reading | 22 June 1960 |
| Bill introduced in the Dewan Negara | Internal Security Bill 1960 |
| Introduced by | Leong Yew Koh, Minister of Justice |
| First reading | 29 June 1960 |
| Second reading | 6 July 1960 |
| Third reading | 6 July 1960 |
| Amendments | |
| Internal Security (Amendment) Act 1962 [Act 9/1962] Modification of Laws (Internal Security and Public Order) (Borneo States) Order 1963 [L.N. 232/1963] Corrigendum to L.N. 232/1963 [L.N. 239/1963] Modification of Laws (Internal Security Act 1960) Order 1963 [L.N. 284/1963] Modification of Laws (Internal Security Act 1960) Order 1964 [L.N. 334/1964] Emergency (Internal Security and Detention Orders) Regulations 1964 [L.N. 335/1964] Internal Security (Amendment) Act 1964 [Act 20/1964] Modification of Laws (Internal Security Act 1960) (Amendment) Order 1965 [L.N. 69/1965] Emergency (Internal Security and Detention Orders) (Amendment) Regulations 1965 [L.N. 110/1965] Internal Security (Amendment) Act 1965 [Act 25/1966] Resolution of the Senate of 05-09-1966 made under section 83 [P.U. 415/1966] Resolution of the House of Representatives of 22-08-1966 made under section 83 [P.U. 416/1966] Registration of Criminals and Undesirable Persons Act 1969 [Act 7] Corrigendum to Act 7 [P.U. (B) 180/1969] Emergency (Internal Security) (Modification of Laws) Ordinance 1969 [Ordinance 4, 1969—P.U. (A) 186/1969] Internal Security (Amendment) Act 1971 [Act A61] Resolution under section 83 of the Internal Security Act 1960 [P.U. (B) 336/1975] Malaysian Currency (Ringgit) Act 1975 [Act 160] Federal Territory of Labuan (Modification of Internal Security Act) Order 1985 [P.U. (A) 198/1985] Internal Security (Amendment) Act 1988 [Act A705] Internal Security (Amendment) Act 1989 [Act A739] |
|
| Repealing legislation | |
| Security Offence (Special Measures) Act 2012 | |
| Keywords | |
| Internal security, organized crime, preventive detention, subversion, suppression, organized violence | |
| Status: Repealed | |
The Internal Security Act 1960 (Malay: Akta Keselamatan Dalam Negeri 1960, abbreviated ISA) was a preventive detention law in force in Malaysia. The legislation was enacted after Malaysia gained independence from Britain in 1957. The ISA allows for detention without trial or criminal charges under limited, legally defined circumstances. On 15 September 2011, the Prime Minister of Malaysia, Najib Razak said that this legislation will be repealed and replaced by two new laws. The ISA was replaced and repealed by the Security Offences (Special Measures) Act 2012 which has been passed by Parliament and given the royal assent on 18 June 2012. The Act came into force on 31 July 2012
The Internal Security Act 1960 was consisted of 4 Parts containing 85 sections and 3 schedules (including 21 amendments).
Preventive detention was first implemented in Malaya by the British in 1948 to combat the armed insurgency of the Malayan Communist Party during the Malayan Emergency. The Emergency Regulations Ordinance 1948 was enacted by the British High Commissioner Sir Edward Gent. It allowed the detention of persons for a period not exceeding one year. This ordinance targeted acts of violence and only imposed temporary detention. The Malayan Emergency ended in 1960 and the ordinance was repealed. However, preventive detention was retained and remains a feature of Malaysian law today. In 1960, the government passed the Internal Security Act (ISA) under the authority granted by Article 149 the Malaysian Constitution.
The stated purpose of the ISA was to deter communist activity in Malaysia during the Malayan Emergency and afterwards. The first Prime Minister of Malaysia, Tunku Abdul Rahman, defined the purpose of the act as to "be used solely against the communists...My Cabinet colleagues and I gave a solemn promise to Parliament and the nation that the immense powers given to the government under the ISA would never be used to stifle legitimate opposition and silence lawful dissent". The third Prime Minister, Tun Hussein Onn, stated at the same time that his administration had enforced the act only with a view to curbing communist activity, and not to repress "lawful political opposition and democratic citizen activity".
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