PETALING JAYA: More posturing against Putrajaya is likely to come from the PAS-led state governments following the recent challenge by Terengganu over the Territorial Sea Act 2012, say analysts.
Political pundit Dr Tunku Mohar Tunku Mohd Mokhtar of the International Islamic University Malaysia (IIUM) described the move by PAS in Terengganu as mere “grandstanding” to attract support and sympathy from supporters in the other PAS-led states, namely Kelantan, Kedah and Perlis.
“We can’t rule out that such moves are replicated in other states where PAS is governing. It is part of their strategy to gain more support for the party by painting a negative picture of the Federal Government,” he said when contacted yesterday.
He added that PAS is fully aware that perception could be used as a powerful tool against the government, even more so when social media is involved.
“Social media gives credibility to any news, even fake ones, and this is dangerous,” he said.
However, Tunku Mohar said that PAS had exposed its own incompetence over the issue because none of its MPs had opposed the Territorial Sea Bill when it was debated and passed in the Dewan Rakyat on April 18, 2012.
Last Thursday, the Terengganu State Legislative Assembly passed a motion to reject the Territorial Sea Act 2012, on grounds that it infringed the state’s rights to explore resources and generate revenue within its maritime borders.
In a response on Saturday, the Federal Government maintained that the Act is still valid and in force nationwide despite the Terengganu state government’s resolution to reject it.
The law, the government stated, was enacted to protect the nation’s sovereignty and safety and remains valid unless declared otherwise by the courts.
Political analyst Prof Datuk Dr Sivamurugan Pandian of Universiti Sains Malaysia said PAS will continue to be at loggerheads with the federal administration as part of its strategy for the next general election.
“The PAS-led state governments in Kelantan, Perlis, Kedah and Terengganu share a common understanding of being against the federal authorities.
“This goes back to their perception game to create a trust deficit against the Federal Government,” he said.
He noted that PAS is aware that creating a negative perception against the government is much easier than challenging the federal law in court.
Sivamurugan said a similar approach was taken following the ruling by the Federal Court to declare several provisions under the Kelantan Syariah Criminal Code Enactment 2019 as unconstitutional.
Although it was clear that the Federal Constitution took precedence in the matter, he said there were attempts to create a negative perception of the Federal Government.
In February, Terengganu Mentri Besar Datuk Seri Dr Ahmad Samsuri Mokhtar said it was ready to review its own state Syariah law following the decision by the Federal Court against 16 offences under the Kelantan Syariah law.
Rather than taking a confrontational approach, Sivamurugan said the PAS-led state governments should seek constructive engagement with the federal authorities.
Meanwhile, lawyer Andrew Khoo expressed puzzlement why the Territorial Sea Act was only raised by the Terengganu state government now when it did not object to the law when it was passed 12 years ago.
“All this happened almost 12 years ago. I don’t recall the state of Terengganu objecting to this stipulation at that point in time,” he said.
“So, I am not sure why they are raising it now.”
Khoo added that recent legal challenges relating to the Federal Constitution might be corrections of the gradual expansion or straying by state governments as to the true extent of their jurisdiction.
“Perhaps this was overlooked or tolerated in the past. But the increasing constitutional literacy of ordinary Malaysians is now checking this expansion.
“This development is to be welcomed,” he said.
