TY - JOUR AU - Mukhriz Mat Rus, PY - 2022/01/31 Y2 - 2024/03/29 TI - MALAYSIA’S COUNTER-TERRORISM POLICY: SHIFTING FROM THE EXECUTIVE-BASED TO THE CRIMINAL JUSTICE APPROACH? JF - UUM Journal of Legal Studies JA - UUMJLS VL - 13 IS - 1 SE - Articles DO - UR - https://e-journal.uum.edu.my/index.php/uumjls/article/view/15626 SP - 409–429 AB - <p>Malaysia’s counter-terrorism strategy has its roots within the 12-year campaign against the communist insurgency between 1948 and 1960. During the emergency period, the government relied heavily on executive-based measures, which operated as a primary instrument to execute the “Winning Hearts and Minds” agenda. The state executive body and its agents had a wide range of powers at its disposal, including indefinite detention without trial and the restriction of residence against terrorist suspects. A similar approach was maintained through various legislations, even after the country gained independence in 1957. However, recent developments indicate a significant change in the attitude of the government. The criminal justice approach begins to gain greater prominence, this being evident&nbsp;from the growing number of prosecutions against terror suspects and the creation of new terrorism-related offences. This paper first examines whether the apparent change is genuine and sustainable in the long term. This concern is connected with the nature and limits<br>of the criminal law and justice system, along with other challenges derived from the existing structure, culture, and practices within the country. By adopting a socio-legal approach, this research also investigates the factors favouring and hindering the criminal justice approach empirically and theoretically as a primary legal response to countering terrorism in Malaysia. The ultimate aim is to contextualise an effective and fair legal response to terrorism that is able to operate within multifaceted counter-terrorism arrangements involving different stakeholders.&nbsp;</p> ER -