Blame Legal Loopholes, Not Enforcement Agencies, Says Criminologist On Hulu Langat ‘Foreigner Flat’

Kamal Affandi Hashim says gaps in Malaysia’s laws and fragmented enforcement powers are fuelling public mistrust and speculation over the long-standing foreigner settlement issue in Hulu Langat.

In Brief

Legal loopholes, not enforcement failures, are restricting authorities from acting decisively on the Hulu Langat "foreigner flat" issue.
Overlapping agency responsibilities create confusion, with departments assuming others have already handled enforcement matters.
Legislative reforms may be needed, potentially granting mayors direct demolition powers rather than requiring court orders.

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Before fingers are pointed at enforcement agencies over the controversial “foreigner flat” in Hulu Langat, Selangor, there are other factors to be considered.

Loopholes within existing laws have limited the ability of authorities to act decisively in the ‘foreigner flats’ issue in Hulu Langat, according to criminologist Kamal Affandi Hashim.

Kamal said public anger should not automatically be directed at enforcement bodies, as their actions are ultimately governed by legal provisions and procedures.

“Many people are quick to level accusations without objectively examining the legal basis that governs any action authorities intend to take,” he told VoxPop.

According to Kamal, enforcement agencies themselves are unable to carry out actions that are contrary to, unclear under, or not expressly provided for by the law.

“They cannot simply act outside the scope of what is permitted by legislation,” he added.

Kamal said this when asked to comment on the public scrutiny over the multi-storey illegal structure in Kampung Baru Sungai Makau, Hulu Langat, which allegedly housed members of the Rohingya community.

Kamal said there are two dimensions that need to be understood in the issue — the legal framework and the manner in which enforcement is carried out.

While enforcement mechanisms are available, he noted that actions are often undertaken independently by different agencies. This overlapping of responsibilities can create situations where one department assumes that another agency has already acted, is currently acting, or intends to do so.

“The overlap in responsibilities between departments sometimes creates the impression that another agency has already dealt with the matter,” he said.

He said such shortcomings could be addressed through stronger coordination among agencies to ensure there is no room for negative assumptions to be mistaken as facts.

“Better coordination between agencies would leave less room for negative perceptions and speculation to be accepted as truth,” he added.

Kamal also added that unique situations occasionally expose gaps in the law, particularly where jurisdictions between the courts and government officers intersect.

“There are circumstances that require legislative reforms to address loopholes, especially involving the division of authority between the judiciary and government officials.”

As such, he believes it may be timely for policymakers to revisit the scope and limitations of enforcement powers to determine whether they remain relevant in addressing present-day challenges.

“It would be worthwhile to review these powers and limitations. In some cases, authority could be vested directly in officers instead of requiring them to first obtain a court order.

“I say give the power to the Mayor or the respective YDPs (council presidents) to order for a structure demolition within their areas. There are integrity bodies within each city council and municipal council so there shouldn’t be an issue and will expedite the demolition of improper structure,” he said.

At the same time, Kamal questioned why the matter had never been brought up by the Hulu Langat MP Mohd Sany Hamzan despite being one of the most vocal figures in Parliament.

He argued that raising the issue in the Dewan Rakyat and explaining the legal and operational constraints faced by enforcement agencies could have prevented the public from jumping to conclusions about alleged integrity issues within government institutions.

“The public tends to fill information gaps with their own assumptions. Had these constraints been explained openly, society would be less inclined to speculate that authorities are facing integrity problems or that there are hidden interests involved.”

Kamal stressed that transparency and communication are equally important components of enforcement, warning that a lack of public understanding often breeds mistrust and misinformation.

“Not every delay or perceived inaction stems from incompetence or corruption. Sometimes, the law itself creates limitations that require reforms before authorities can act more effectively.”

Last night, Selangor Menteri Besar Datuk Seri Amirudin Shari, in a statement, said that a series of measures have been undertaken by government agencies since 2016 to tackle issues surrounding the residential complex occupied by Rohingya residents in Hulu Langat.

According to Amirudin, actions that had been taken ranged from the issuance of warning notices and compounds to integrated operations, investigations and various enforcement measures involving multiple agencies.