Assignment Prof Ethics Mei

FAKULTI PENDIDIKAN DAN BAHASA

SEMESTER MEI 2013

OUMM3203 PROFESSIONAL ETHICS

MATRICULATION NO

:

750606145806001

ID CARD NO

:

750606145806

PHONE NO.

:

012-6516608

E-MEL

:

[email protected]

LEARNING CENTRE

:

NEGERI SEMBILAN LEARNING CENTRE

OUMM3203 2 _____________________________________________________________________________ Content

No

Title

Page

1.0

Introduction

3

2.0

The history and the practice of bribery

4

3.0

Economic analysis on the act of bribery

8

4.0

Legal analysis on the act of bribery

12

5.0

Ethics analysis on the act of bribery

14

6.0

1.0

5.1

Personal Liberty Theory (Personal Freedom Theory)

5.2

Distributive Justice Theory (Utilitarianism)

5.3

Classical Deontological Ethical Theory: Universalism

5.4

Classical Teleological Ethical Theory: Utilitarianism

Conclusion

Introduction

2

OUMM3203 3 _____________________________________________________________________________ According to Kamus Dewan Edisi Keempat (2005), rasuah (bribery) ialah pemberian untuk menumbuk rusuk (menyogok dan menyuap). According to Kamus Pelajar (2011), rasuah (bribery) ialah perbuatan yang salah di sisi undangundang seperti menerima atau memberi wang suap (pecah amanah, menggelapkan wang, mencuaikan tanggungjawab. Rasuah juga didefinisikan sebagai sesuatu yang diberikan atau yang diterima sebagai sokongan. According to Jabatan Kemajuan Islam Malaysia (JAKIM),

bribery is an act of extortion

committed by a person in order to get help and benefit himself. This is because when going through the normal procedures, he will not have anything he wants it. In general corruption means that power has been given to abused and act for the good of yourself and being 'favoritism' in action. According to Legal Information Institute (2010), bribery refers to the offering, giving, soliciting, or receiving of any item of value as a means of influencing the actions of an individual holding a public or legal duty. This type of action results in matters that should be handled objectively being handled in a manner best suiting the private interests of the decision maker. Bribery constitutes a crime and both the offeror and the recipient can be criminally charged. Bribery involves offering or accepting something of value in a situation where the person who accepts the bribe is expected to perform a service which goes beyond his or her normal job description. For example, a motorist being summons for offenses against traffic lights might offer a bribe to the police officer to ask him or her do not sue them.

2.0

History and practice of bribery

3

OUMM3203 4 _____________________________________________________________________________ Malaysia and in many regions of the world, bribery is considered a crime, and it can be severely punished. In other areas, bribery is more socially acceptable, which can place a heavy burden on those in the lower ranks of society, as they cannot afford to bribe officials in the style to which they are accustomed. Any number of things can be used as a bribe. While money is a classic bribe, bribes can also be more intangible, and they might include things like offers of real estate, valuable objects, or a promise to perform a particular service in the future.Offer of sexual services is also causing many lured by corruption. In order to be considered a bribe, the object of value must be offered and accepted with the understanding that the person who accepts the bribe will be doing something in return. This differentiates bribes from gifts offered in genuine good will, and also distinguishes bribery from tipping, a practice in which gifts are offered in return for good service. In regions where officials are particularly corrupt, they may come to expect “grease money” to perform tasks which are actually part of their job descriptions, such as reviewing visa applications or inspecting materials being brought through customs. In these instances, people from regions where bribery is illegal may be allowed to offer grease money, with the understanding that otherwise, the task will never be accomplished. Bribery can be on a very thin line, and cultural differences can sometimes lead to confusion. In some cultures, for example, offering a tip may be considered a bribe, while in others, a failure to tip would be construed as offensive. Depending on regional laws, bribery can be prosecuted and punished with fines, jail time, or compensation. Especially in countries which are based on egalitarian ideals, bribery is often viewed as especially offensive, since it erases the illusion that all members of society are equal when someone can essentially buy the favors or skills of someone else with the right bribe.

Some examples are discussed to show the corruption that has taken place in Malaysia. First cases of bribery had occurred in 2010. Sime Darby Engineering former senior manager Mazhazni Jamaludin, 36, has claimed trial to obtaining a RM200,000 bribe over the contract for three barges worth USD134.2mil two years ago. 4

OUMM3203 5 _____________________________________________________________________________ He was accused of obtaining the money from MLC Shipbuildings Sdn Bhd owner Redzuan Goh Mohamad Karian, as reward for proposing a contract to build and sell the barges at MLC Shipbuildings office in Kulala Lumpur between 1.25pm and 5pm on Dec 31, 2008. He

also

allegedly

endorsed

payments

for

the

building

of

the

three

barges.

The charge under Section 11(a) of the Anti-Corruption Act 1997 carries a jail term of between 14 days and 20 years and fine not less than five times the amount of the bribe. DPP Anthony Kevin Morais (from Malaysian Anti-Corruption Commission) offered bail to be set at RM20,000 with one surety. In mitigating for lower bail, Mazhazni's counsel Shamsul Sulaiman said that throughout the investigations, his client had always been told that he would be called only as a witness but instead he was charged with the offence. Troubled conglomerate Sime Darby Bhd filed a lawsuit today against former chief executive officer Datuk Seri Ahmad Zubir Murshid and four other key officials over the RM2.1 billion losses incurred in three projects. It

sought

RM177

million

in

damages

for

the

losses.

The government conglomerate also sued Datuk Mohamad Shukri Baharom, the former executive vice-president of the Energy & Utilities Division; the division’s chief financial officer, Abdul Rahim Ismail; the division’s oil and gas unit chief, Abdul Kadir Alias; and Mohd Zaki Othman, from Sime Engineering. They have all been sued for breaches of duties owed to the Sime Darby Group. It said the suit is to recover losses suffered by the Sime Darby Group in the Qatar Petroleum Project (QP), the Maersk Oil Qatar (MOQ) Project and the project which concerns the construction of vessels for use in the MOQ Project, known as the “Marine Project”. The Sime Darby Group is claiming from the defendants, inter alia, restitution for monies wrongfully paid out, damages for losses suffered, loss of profit, aggravated damages and costs. In its statement of claim, Sime Darby alleged that the five accused acted as a “decision-making unit” in the energy and utilities division and were responsible for the division’s actions and omissions. 5

OUMM3203 6 _____________________________________________________________________________ Ahmad Zubir, Shukri, Abdul Rahim, Abdul Kadir and Zaki were also accused of awarding EPCIC jobs to similarly inexperienced subcontractors and for failing to pursue claims for work not done. The law firm had been appointed to conduct the legal investigation into losses suffered in the projects. Sime Darby’s woes first came to light in May when then-chief executive Ahmad Zubir was asked to take a leave of absence prior to the expiry of his contract following the discovery of RM964 million

in

cost

overruns

from

the

four

energy

and

utilities

projects.

The massive cost overruns bled the division and led to the announcement of Sime Darby’s first ever

quarterly

loss

of

RM308.6

million

that

same

month.

In the previous corresponding quarter, Sime Darby had posted a profit of RM150.6 million. The energy and utilities division, which contributed only 0.7 per cent to the group’s total operating profits in fiscal 2009, posted a loss of RM1.02 billion in the nine months to March, and a net loss of RM910 million for the third quarter of 2010. Analysts have said Sime taking action against the Zubir and other officials will mark a big step in improving the company’s image with investors and signal that more reforms are in works for Malaysia’s largest planter by assets. In the final weeks of 2008, the Malaysian Parliament passed the Malaysian Anti-Corruption Commission Bill 2008 as part of its efforts to enhance and strengthen Malaysia's national integrity and anticorruption agenda. The Malaysian Anti-Corruption Act 2009 ("MACCA") received Royal Assent on 6 January 2009 and came into effect on 1 January 2009. The MACCA repeals the previous anti-corruption statute, the AntiCorruption Act 1997 ("ACCA"). The MACCA was part of a suite of new legislation promised by the alaysian Prime Minister as part of efforts to introduce greater transparency in the country and renew faith in the integrity of Malaysia's public and private sector administration. The other related pieces of legislation include the Judicial Appointments Commission Act 2009 (which was passed at the same time as MACCA) and the Witness Protection Bill 2008 which is still making its way through the legislative process. 6

OUMM3203 7 _____________________________________________________________________________ The MACCA is intended to ensure a more effective and accountable Malaysian Anti-Corruption Commission ("Commission") which is subjected to external monitoring. The Malaysian Government has promised more resources to the Malaysian Anti-Corruption Commission and it announced that the anti-corruption force would be tripled in number over the next 5 years, with a further 5,000 officers added to its existing 2,000 members.

3.0

Economic analysis on the act of bribery

Corruption has serious economic and social costs and can undermine government legitimacy. Economic analysis can help one understand the incentives for bribery and extortion and the deterrent effect of the law. Such analysis suggests that the law in many jurisdictions ought to be redesigned. Penalties are poorly tied to the marginal benefits of bribery. Small bribes often are more effectively deterred than larger ones because penalties are not tied to the perpetrators’ gains. Economic analysis also highlights the tension between obtaining evidence to bring a case expost and deterrence ex ante. Furthermore, enforcement programs have not incorporated bureaucratic structure in a sophisticated way, and in many countries the criminal law only applies to individuals, not firms. In short, economic analysis can help guide the reform debate by proposing workable law enforcement strategies for the control of bribery and extortion. The economic analysis of bribery falls into two broad categories. First, economics can help isolate the underlying factors that produce corrupt incentives, independent of the strength of bribery laws. Empirical work builds on this theory to produce estimates of the social costs of corruption and its impact under a range of conditions. The first section of this review summarizes work in this tradition, both theoretical and empirical. Second, economic principles can help one assess the laws and policies against bribery to see whether they deter payoffs effectively. The main goal of this review is to summarize and critique research on this second topic. Thus, the subsequent section discusses deterrence and argues that the criminal laws of most jurisdictions are blunt and ineffective in their efforts to deal with bribery and extortion and with their accompanying social harms. The final section embeds bribery in an organizational context,

7

OUMM3203 8 _____________________________________________________________________________ both for those who receive and those who pay bribes, and it asks how the law ought to tailor deterrence strategies to take account of alternative organizational forms. The economic analysis of bribery suggests a way to think about reform strategies. First, do the payments produce harmful results? If not, the underlying policy environment should be reformed, perhaps by legalizing payments. Second, if there are harmful consequences, what are the relative merits of redesigning the program to limit bribery, of legalizing a formerly illegal activity, or of implementing enhanced legal controls to catch and punish those who make and receive payoffs?. Law and economic analysis can help set priorities for anticorruption campaigns, suggest reforms in programs riddled with corruption, recommend law enforcement priorities, and help to design workable law enforcement strategies. Economic analysis counsels reformers to concentrate on the underlying conditions that produce rents. Criminal law should not be the first or the only line of attack. Rather, programs should be redesigned or eliminated, and government should operate in an accountable and transparent manner. That said, it remains true that law enforcement against bribery and extortion has a backup role to play. Economic analysis can help with the design of law enforcement strategies. Looking at a range of cases, it appears that the laws on the books are often quite far from the recommendations of law and economics. Penalties seem poorly tied to the marginal benefits of bribery both to those who pay and to those who receive bribes. Small bribes seem to be more effectively deterred than larger ones, unless prosecutorial discretion makes up for the legal language. The penalties levied on bribers are not well tied to their gains. The tension between obtaining evidence to bring a case. We do not know if giving corrupt individuals leniency in return for their evidence and testimony limits corruption or encourages people to participate ex ante. The role of organizational structure, including the status of middlemen and agents, has not been well incorporated into enforcement programs, and many countries have difficulty deterring organizations as opposed to individuals, in part because the criminal law only applies to individuals. Although the fundamental tasks for reformers are the redesign of public programs, improvements in the motivations and incentives facing public officials, and greater government

8

OUMM3203 9 _____________________________________________________________________________ transparency and accountability, reform of the law of bribery and extortion remains a necessary, if not sufficient, area of reform where economic analysis can help guide the debate. In conclusion, bribery and economic growth impact each other both unidirectional and simultaneously. The impact of lower levels of bribery on economic growth is stronger. There may not exist any relationship among these two variables in some countries. 3.0

Legal analysis on the act of bribery 3.1

Legal analysis in Malaysia 3.1.1

Akta Suruhanjaya Pencegahan Rasuah Malaysia 2009

Act enacted in 2009 in conjunction with the establishment of the Malaysian AntiCorruption Commission. In line with its existence as a single entity in Malaysia's anti-corruption, MACC jurisdictions under the Malaysian Anti-Corruption Commission Act 2009 was specifically to investigate and prevent any form of corruption and abuse of power. According to DATO’ SRI HJ. ABU KASSIM BIN MOHAMED,

Chief

Commissioner Malaysian Anti-Corruption Commission, “Corruption involves the question of an individual’s integrity and violation of the law. What should be combated is the perpetration of the crime itself, rather than the party entrusted to fight corruption”. MACC Act 2009 also provides power to the MACC to investigate any offense under other Acts listed as "Designated Offence" as follows: 1. An offense punishable under section 161, 162, 163, 164, 165, 213, 214, 215, 384, 385, 386, 387, 388, 389, 403, 404, 405, 406, 407, 408, 409, 417 , 418, 419, 420, 465, 466, 467, 468, 469, 471, 472, 473, 474, 475, 476 and 477A of the Penal Code; 2. An offense punishable under section 137 of the Customs Act, 1954; 9

OUMM3203 10 _____________________________________________________________________________ 3. Offense under Part III of the Election Offences Act, 1954; 4. An attempt to commit any of the offenses referred to in paragraphs (a) to (c) or 5. An abetment or criminal conspiracy to commit (as that term was defined in the Penal Code) any offense referred to in paragraphs (a) to (c), whether or not the offense was committed in consequence thereof. Among the offenses that can be prosecuted by this act is an offense of accepting a bribe, an offense to give or receive a bribe by an agent, with the intent to deceive corruption principal by an agent, corruptly procuring withdrawal of tenders, public bodies and official bribery offense of using office or position for gratification. Based on MACC Annual Report 2010, throughout 2010, a total of 944 arrests were made making it the highest number ever in the history of anti-corruption efforts in Malaysia. The number of arrests saw an increase of 444 (88.8%) arrests, or compared to only 500 arrests made in the year 2009. From the total, 293 (31.0%) arrests involved public officials, 102 (10.8%) of those from private sector, 545 (57.8%) involving members of the public and four (0.4%) were among the members of political parties. The significant increase in arrests can be attributed to the campaign launched by the Chief Secretary to the Government of Malaysia on 26 April 2010 called “Restrain from Accepting : Fight Against Bribe Givers”. Subsequently, 414 (43.8%) arrests were made contributing to the total number of arrests in the year 2010. A total of 381 individuals were charged in court during the year 2010. This figure reflects an increase of 207 (119.0%) individuals charged over the previous year. Those charged in court comprised of 131 (34.4%) public officials, 56 (14.7%) members from the private sector, 193 (50.7%) involving members of the public and one (0.2%) former Chief Minister. The conviction rate of cases during the initial trial stages is also seen to rise from 64.4% in 2009 to 71.0% during the year under review. It is also interesting to note that heavier sentences were being meted out 10

OUMM3203 11 _____________________________________________________________________________ by the Courts throughout the 2010 over sentences compared to the ones imposed in year 2009. Chart 1 below shows the perceptions in key Malaysian Institutions / Sectors from year 2004 to 2010.

Chart 2 below shows number of arrests under offense of accepting and giving gratication from year 1990 to 2010. 11

OUMM3203 12 _____________________________________________________________________________

Source : 2010 Annual Report Malaysian Anti-Corruption Commission 3.2

Legal analysis in USA and worldwide

Domestic legislation, making bribery and corruption of public officials a crime, was a well-established feature in many countries from the end of the 19thCentury onwards. For a large part of the 20th Century, however, bribery and corruption of foreign public officials by companies, could be considered as an issue for the country concerned and, if accepted practice in that country, considered part of the “cost of doing business”. It could be, if not openly, then tacitly condoned by companies’ home countries. With the recognition of the insidious damage bribery and corruption causes to nations, particularly developing nations, there were considerable legal developments through the latter part of the 20th Century. The US was the prime mover with the passing of the Foreign and Corrupt Practices Act in 1977. This was followed by the Organisation of Economic Cooperation and Development (OECD). Convention on Combating Bribery and Foreign Public Officials in 1997, which has so far been implemented by 37 countries. The prohibition of bribery and corruption has thus become a well established, and increasingly important. 12

OUMM3203 13 _____________________________________________________________________________ Today, the ethical and reputational risks associated with bribery are at acute levels. Any defence company (indeed any company) must have a clear and explicit policy against bribery and the control procedures, training, audit and investigatory measures in place to prevent and detect bribery by, or of, an employee. Increased attention, particularly in the defence industry, has been focused on indirect corruption by third parties with whom a company has a contractual relationship. Any analysis of past and present cases of transnational bribery demonstrates that third parties have very frequently been instrumental to the corruption. There is a distinction between a third party who is actively encouraged to bribe by the company on its behalf, or to whom a “blind eye” is turned, and a third party who acts covertly and in breach of the company’s rules without its knowledge. Nevertheless, the clear trend in regulatory requirements, particularly in the US, is to impose responsibility, and by implication ethical and reputational risk, upon the contracting company irrespective of whether it knew, or ought to have known, of corrupt practices by third parties. 4.0

Ethics analysis on the act of bribery 4.1

Personal Liberty Theory (Personal Freedom Theory)

The theory of Personal Liberty is an ethical system proposed by Robert Nozick. This system is based upon the primacy of a single value rather than a single principle: liberty. Liberty is thought to be the first requirement of society. An institution or law that violates individual liberty has to be rejected even if it may result in greater happiness and increased benefits for others. Results of the analysis of the Theory of Personal Freedom on corruption also show that association with this theory. This is because almost all the results have implications for personal ethics or eternal freedom. For example, in general that ethics issues in management mainly for personal interest of a manager in an organization. This refers to the corruption associated with abuse of power for personal gain. Many people believe that the results primafasi or on the surface, related to ethics is more a personal profit

13

OUMM3203 14 _____________________________________________________________________________ rather than to the company or organization that he leads. Their interests as income (wages) and preferred promotion. Corruption related to Personal Freedom Theory is corruption from occurring smuggling syndicates in the state. Postal Inspection Tebedu (border between Sarawak and West Kalimantan, Indonesia) is one of the gateway to Malaysia. But this will be the center entrance smuggling subsidized controls such as cooking oil, cooking gas and sugar by the irresponsible and are only concerned with personal freedom to deny the rights of other interested individuals. This is because in terms of the economy they've got a double benefit without paying taxes and at the same time has reduced tax collections by the government on goods brought into the country from abroad Malaysia. In addition, the other examples related to ethical problems are occurring against the officer who choose to university enrollment. This happens when the results of the electoral officer has included his own name in place of his final shortlist candidate is personal. He did not take into account the qualifications available to other applicants. These actions will indirectly lead to reduced level of his integrity, especially among his subordinates. 4.2

Distributive Justice Theory (Utilitarianism)

As a result, the analysis on the act of bribery refer to this theory. This ethical systems have been developed that are based upon values rather than principles. The theory of Distributive Justice, was proposed by John Rawls and is explicitly based upon the primacy of a single value: justice. Justice is felt to be the first virtue of social institutions, just as truth is the first virtue of systems of thought. John Rawls proposes that society and the institutions within it are marked by these two elements: a.

Collaboration

Collaboration comes about since individuals recognise that joint actions generate much greater benefits than solitary efforts. Therefore, the government and the MACC always expect the 14

OUMM3203 15 _____________________________________________________________________________ cooperation of the public to report to the authorities all forms of bribery and corruption so that more drastic action and effect can be taken. b.

Conflict

Conflict is inevitable because people are concerned with the just distribution of gained benefits. Each person prefers a greater to a lesser share, as well as a system of distribution that ensures the greater share to himself. These distributive systems can have very different bases to each person equally, or to each according to his need, effort, contribution or competence. Most modern economic systems make use of all five principles: equal, need, effort, contribution and competence. For instance, public education is, theoretically speaking, distributed equally, welfare payments on the basis of need, sales commissions on effort, public honours on contribution, and managerial salaries on competence. Thus, corruption and bribe will often happen because many people, especially the highprofile always not satisfied with what has been received. They always expect bigger profits with a quick and easy way. They did not consider the impact of their actions on other individuals, corporations, religions, races and nations. People would not normally select absolute equality in the distribution of benefits. This is because they recognise that some of them would put forth greater effort, have higher skills and so on. They would also not agree to absolute inequality based upon effort, skill or competence because they would not know who among them have those qualities and consequently who among them should receive more or less benefits. 4.3

Classical Deontological Ethical Theory: Universalism

The deontological theory states that the moral worth of an action cannot be dependent upon the outcome because these outcomes are so indefinite and uncertain at the time of the decision to act is made. The moral worth of an action has to instead depend upon the intentions of the person making the decision or performing the act. If you wish the best for others, then your moral actions are praiseworthy., even though you happen to be an unimpressive and clumsy individual who always seems to be doing

15

OUMM3203 16 _____________________________________________________________________________ the wrong thing. Therefore, these good intentions will normally result in beneficial outcomes. Based on the description of this theory is found corruption and bribery is contrary to morality. This is because if someone want a bigger benefit than what they do, they need to perform the tasks entrusted to the good. This action will cause someone be considered honorable and commendable. 4.4

Classical Teleological Ethical Theory: Utilitarianism

The teleological approach to managerial ethics places complete emphasis on the outcome and not on the intent of individual actions. This teleological ethical system which focuses on net consequences rather than individual intentions. Some of the most influential philosophers in the Western tradition such as Jeremy Bentham and J. S. Mill hold that the moral worth of personal conduct can be determined solely by the consequences of that behaviour. That is, an act or decision is “right” if it benefits people. Conversely, it is “wrong” if it leads to damage or harm. The objective, obviously, is to create the greatest degree of benefits for the largest number of people while incurring the least amount of damage or harm. However, the benefits are not all positive. There are negative costs and adverse outcomes associated with each action, and they have to be considered to establish a balance. The negative costs and adverse outcomes include pain, sickness, death, ignorance, isolation and unhappiness. The aggregate harm or costs have to be considered, and then a balance of the net consequences can be computed. Based on this theory turns out corruption and bribery is considered wrong because lead to damage and destruction to those who are directly involved in a project. n order to reap greater profits, the negative costs that have occurred during a project undertaken must be received with an open heart. Since we do not have to do the act in one of the legal and ethical values simply want to make money and greater benefits.

5.0

Conclusion 16

OUMM3203 17 _____________________________________________________________________________ Discussion about corruption and bribery is important because it will cripple travel functions of the organization. With the advent of it, no one will be able to predict the actions of a person or as a result of a plan for the future. The progress of a country depends on the intelligents and professionals available. Bribery will only erode public confidence in our country's intellectuals. Besides rule weakened because every time corruption, the government lost revenue or slipping of the proper actions. For instance, if negligent for something that has been determined, then the bribes were supposed to replace the tax money collected and benefits enjoyed by only a handful of bribery. The biggest impact of bribery is going to cause the administration of a country into disarray. As a result, it creates other problems such as economic decline, neglect of the interests of society and so on. The act of bribery can destroy the administration and governance of a country. as happens in the recorded history of the fall of Philippine President Marcos of the government because of corruption helm unbearable. There are several methods to avoid the corruption, strengthen the faith and strengthen self-esteem, enter the danger of corruption in the education system, improving law enforcement and punishment, expanding the use of ICT and business menlalui others. The first is to strengthen the faith and strengthen identity. Have faith and high personal standards is essential bulwark refrain from corruption. When each individual sow hate corrupt nature would naturally help reduce corruption improves this. For example, the ordinary people, leaders, businessmen, administrative machinery and the like. Most important is the administration, which should play an important role in demonstrating exemplary leadership. For example, avoidance of misuse of funds by private interests. Have the strength of faith and high self-esteem will be able to fend off corruption even if the individual is faced with a great opportunity to be corrupt. Next is entering the danger of corruption in the education system. Antipathy against bribery and corruption should be nurtured and appreciated by all individuals from more basic level. In particular, when the bench school teachers should teach and educate their students about the evils of corruption. Parents also play an important role in this regard, by providing an adequate religious education for their children to develop noble character among their children. Every religion has its own way of educating their children such as Islam, Buddhism, Christianity and so on. However, each of these religions do not 17

OUMM3203 18 _____________________________________________________________________________ necessarily encourage people to commit sins and own up to each individual to assess and determine whether they are doing good or bad. Therefore, the educated generation will hate corruption course will be an individual who is responsible, trustworthy and sincere. Education system only plays a role in shaping the next generation free of corrupt practices. Improving law enforcement and punishment culture also helps in the reduction of corruption. Joint investigations and law enforcement should be intensified so that the community is aware that the danger and seriousness of the problem of corruption. In particular, threats to national security if not addressed from the beginning, of course, will cause weakness State itself. In addition, the practitioners of corruption will be more careful to do with the corruption of heavy penalties on offenders this every. This situation began with the establishment of the Malaysian Institute of Integrity aims to restore public confidence in the administration and governance capabilities Country. And then be followed by (MACC) and the Judicial Appointments Commission Witness Protection Program. Attitudes of individuals who always abstain from bribing others to some extent will help decrease corruption culture. The adoption of a lifestyle that legally the law free from corruption will make individuals more confidence to face the society. Especially for the very forbidden Muslims from practicing corruption and violation of Islamic laws. Another method is to expand the use of ICT in business. Procedures that require longterm, difficult and slow to process will be simplified menlalui use of Information Technology (ICT). Form, and so the interview process will be summarized so as not to burden the people, especially the traders, contractors and investors. A simple and transparent process will avoid the danger of corruption because no ICT facilities require a bribe to speed up business processes. The greatest challenges facing Malaysian government is convince the dealers and the public that corruption is be seriously addressed. According to the researchers, the initiatives not conducted sufficient in addressing the root causes of corruption in Malaysia effectively. This also affected by the redundancies, duplication and a lack of focus deep. So why the public not convinced that the government is serious in tackling corruption even many and various initiatives have been implemented.

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OUMM3203 19 _____________________________________________________________________________ REFERENCE ADB/OECD Anti Corruption Initiative for Asia and the Pacific. (2010). The Criminalisation of bribery in Asia and the Pacific. Paris : OECD Publishing Jagir Singh. (1994). Law of bribery and corruption in Malaysia with cases and commentaries. Kuala Lumpur: International Law Book Services Malaysian Anti-Corruption Commission (2011). 2010 Annual Report. Malaysian AntiCorruption Commission Susan Rose-Ackerman. (2010). The Law and Economics of Bribery and Extortion. Connecticut : Annual Reviews Suruhanjaya Pencegahan Rasuah Malaysia. (2009). Akta Suruhanjaya Pencegahan Rasuah Malaysia 2009. Retrieved by 16 July 2013 from http://www.sprm.gov.my/akta-akta.html Conjecture Corporation. (2013). What is bribery. Retrieved by 16 July 2013 from http://www.wisegeek.com/what-is-bribery.htm Jabatan Kemajuan Islam Malaysia (nd). Gejala rasuah dan kesannya. Retrieved by 16 July 2013 from http://www.islam.gov.my/en/gejala-rasuah-dan-kesannya-cahaya-oktober Jabatan Penerangan Malaysia (nd). Isu rasuah di Malaysia. Retrieved by 16 July 21013 from http://pmr.penerangan.gov.my/index.php?option=com_content&id=2390:isu-rasuah-dimalaysia Legal

Information Institute (2010). Bribery. http://www.law.cornell.edu/wex/bribery

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Retrieved

by

16

July

2013

from