Prevention of Terrorism Act 2015
| Prevention of Terrorism Act 2015 | |
|---|---|
| Parliament of Malaysia | |
| |
| Citation | Act 769 |
| Territorial extent | Malaysia |
| Passed by | Dewan Rakyat |
| Passed | 6 April 2015 |
| Passed by | Dewan Negara |
| Passed | 23 April 2015 |
| Royal assent | 28 May 2015 |
| Commenced | 4 June 2015 |
| Effective | 1 September 2015, P.U. (B) 345/2015[1] |
| Legislative history | |
| Initiating chamber: Dewan Rakyat | |
| Bill title | Prevention of Terrorism Bill 2015 |
| Bill citation | D.R. 10/2015 |
| Introduced by | Wan Junaidi Tuanku Jaafar, Deputy Minister of Home Affairs |
| First reading | 30 March 2015 |
| Second reading | 6 April 2015 |
| Third reading | 6 April 2015 |
| Revising chamber: Dewan Negara | |
| Bill title | Prevention of Terrorism Bill 2015 |
| Bill citation | D.R. 10/2015 |
| Member(s) in charge | Wan Junaidi Tuanku Jaafar, Deputy Minister of Home Affairs |
| First reading | 13 April 2015 |
| Second reading | 22 April 2015 |
| Third reading | 23 April 2015 |
| Related legislation | |
| Prevention of Crime Act 1959 [Act 297] | |
| Keywords | |
| Anti-terrorism | |
| Status: In force | |
The Prevention of Terrorism Act 2015 (Malay: Akta Pencegahan Keganasan 2015, abbreviated POTA), is an anti-terrorism law that was passed by the Malaysian government on 7 April 2015. It enables the Malaysian authorities to detain terror suspects without trial for a period of two years. POTA also does not allow any judicial reviews of detentions. Instead, detentions will be reviewed by a special Prevention of Terrorism Board. The POTA bill has been criticised by opposition elements as a reincarnation of the former Internal Security Act, which was revoked in 2012.[2][3] The passage of POTA coincided with the arrest of seventeen suspected militants who were involved in an alleged terror plot in the capital Kuala Lumpur.[4]
The Prevention of Terrorism Act (POTA) has faced strong criticism not only from the domestic opposition but also from prominent international human rights organizations. On April 6, 2015, the International Commission of Jurists (ICJ) sent a formal letter to the Speaker of the Malaysian House of Representatives demanding that the law be rejected or fundamentally amended. The Commission noted that the law failed to comply with international human rights law, questioning the necessity of resorting to administrative security detention without trial and the government's failure to justify why the ordinary criminal justice system was incapable of handling terrorism cases. The Commission's primary concern was the unchecked power granted to the Terrorism Prevention Board, which limits judicial oversight of detention decisions, raising serious concerns about violations of the rule of law.[5]
Structure
The Prevention of Terrorism Act 2015, in its current form (as of 4 June 2015), consists of 5 Parts containing 35 sections and 1 schedule (including no amendment).[1]
- Part I: Preliminary
- Part II: Powers of Arrest and Remand
- Part III: Inquiries
- Part IV: Detention and Restriction Orders
- Part V: General
- Schedule
Despite the controversy surrounding the nature of the Prevention of Terrorism Act (POTA) as an administrative detention tool, official data for the period from 2015 to 2022 shows that its use was limited. Out of a total of 14,085 arrests under security laws (including SOSMA and POCA), only 36 arrests were recorded under POTA. These figures indicate that the Prevention of Crime Act (POCA) was the most frequently used tool for administrative detention in Malaysia during that period.[2]
Notes and references
- ^ "Prevention of Terrorism Act 2015: Appointment of Date Coming into Operation" (PDF). Attorney General's Chamber of Malaysia. Retrieved 5 April 2016.
- ^ "Parliament passes controversial anti-terrorism law by 70 to 69 votes". Malaysian Insider. 7 April 2015. Archived from the original on 8 April 2015. Retrieved 7 April 2015.
- ^ Sivanandam, Hemanathani; Carvalho, Martin; Cheah, Christine (7 April 2015). "Malaysia parliament passes anti-terrorism legislation after long debate". Jakarta Post. Retrieved 7 April 2015.
- ^ "Malaysia arrests 17 for alleged terrorist attack plot in Kuala Lumpur". The Guardian. Associated Press. 6 April 2015. Retrieved 7 April 2015.
- ^ "Malaysia: draft Prevention of Terrorism Act prone to abuse and violates human rights | ICJ". International Commission of Jurists. Retrieved 29 November 2025.
External links
- Prevention of Terrorism Act 2015 This article incorporates text from this source, which is in the public domain.