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FACULTY OF EDUCATION AND LANGUAGE

SEMESTER: MAY/ YEAR: 2013

COURSE CODE: OUMH3203

COURSE TITLE : PROFESSIONAL ETHICS

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Table of Co!e! Pa"e

1# INTRODUCTION $$$$$$$$$$$$$$$$$#$$$ 2

2# CONTENT

2#1 CHARACTERISTICS $$$$$$$$$$$$$##### 3

2#2 TYPES OF %RI%ERY $$$$$$$$$$$$$### 3 & '

2#3 ANALYSIS $$$$$$$$$$$$$$$$ ( & )

2#* RECOMMENDATIONS $$$$$$$$$$$$$$# ) & +

3# CONCLUSION $$$$$$$$$$$$$$$$$$$$# ,

*# REFERENCES $$$$$$$$$$$$$$$$$$$$# 10

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1# INTRODUCTION

Mordidain Mexico, dashin South Africa, baksheeshin Middle East, schimengeldin

Germany, bastarell in Italy and rasuah in Malaysia are pointing at the same thing

which is bribery !ribery treats as one of the condition of ethical problem in wor"ingen#ironment !ribery happens e#erywhere in the world and classified as a white collar

crime $he moral se#erity of the bribery problem is depend on the indi#idual #iew

because e#ery indi#idual has a different perspecti#e in defining the ethical system, their

own priorities, their standard basis of moral and their purpose and options of actions

!ribery has been happened between people and go#ernment officials for examples to

speed up trade licenses, for police protection and for loan transactions Ethical problem is

a situation that re%uires a person or organi&ation to choose between alternati#es that must

be e#aluated as ethical 'right( or unethical 'wrong(

In )*+s, the act of paying foreign officials in legal processes or obtaining contracts was

a common business practice around the world $he -atergate scandal, which caused

.ichard /ixon0s resignation as president highlighted corporate bribery into world

attention $here are many people become money oriented and thin"ing of there are no

important of morals and ethics in dealing with other people

According to the dictionary, bribery is the act of gi#ing, offering, ta"ing or recei#ing

something in term of monetary or other benefits with the intention of influencing the

recipient in some way fa#orable to the party pro#iding the bribe 1ommonly bribery

purpose is to influence the action of an official in the discharge of his or her public or

legal duties .egardless of who initiates the deal, either party to an act of bribery can be

found guilty of the crime independently of the other

$he cooperation from e#ery part of organi&ations and management should be impro#ed

in order to o#ercome bribery $hough there are many isolated cases, some of them are

3ust "eep secret 4owe#er our go#ernment has ta"en some serious actions towards those

people that practice bribery in their line of wor"

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2#1 CHARACTERISTICS

$hese are some characteristics of bribery6

2)) Any positions, titles, designations, 3obs, contracts or ser#ices, and promise for

any type of 3ob or ser#ice

2)2 Any type of compensation, discount, commission, rebate or bonus

2)5 Money, donation, loan, fee, gift, expensi#e collateral, properties 'mo#eable or

immo#able(, rights in properties or any other similar benefits

2)7 Any action that pre#ents oneself from claiming any money or monetary #alue

or luxurious items

2)8 Any type of ser#ice or help such as protection from any penalties, disciplinary

penalties, ci#il or criminal charges $his includes using one9s authority or

pre#enting from using one9s authority to pro#ide that protection

2): Any payments, exemptions, settlement of loans, obligations and liabilities

either in whole or in part

2)+ Any offers or promises, with or without conditions, to gi#e bribes such as any

of the abo#e items

2#2 TYPES OF %RI%ERY

$here are different types of bribery such as6

22) ;ffering or gi#ing bribe

Any persons or agents that offer or gi#e or agree to gi#e a bribe 'money or

items or ser#ices( as a moti#ator or reward to perform or not to perform any

related transaction or related to a formal transaction, principal or employer

222 .e%uesting or recei#ing bribe

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Any person or agent that demand or re%uest or recei#e or agree to accept any

bribe as a moti#ator or reward to do or not to do anything related to any

formal or informal acti#ities

225 Ma"ing a fa"e or unreliable claim

Any person who gi#es to an agent or an agent gi#es to his principal or

employer, a document that he or she "nows or reali&es contains forged

information with the intention of decei#ing his or her principal or employer

227 Misusing title or position

Any public sector executi#e that use their title and position to recei#e bribery

for any decisions or actions related to himself, where the executi#e, his

relati#es or his cronies ha#e an interest in directly or indirectly

Source: Anti-Corruption Agency, Malaysia

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selling !ribes can speed up the go#ernment0s granting of permission to carry out legal

acti#ities !ribes can alter outcomes of the legal and regulatory process, by inducing the

Go#ernment either to fail to stop illegal acti#ities or to unduly fa#ors party o#er another

in 1ourt or other legal proceeding=

$his report shows that bribery gi#e big impact to our economic status Go#ernment

should be worry of the conse%uences

In legal approaches, bribery is a serious offence in many countries >or o#er ten years,

organi&ations such as the ;rgani&ation for Economic 1ooperation and ?e#elopment, the

1ouncil of Europe, and the @nited /ations ha#e been helping de#eloping countries adopt

legal measures to fight corruption $he #arious anticorruption con#entions signed by a

wide number of countries represent perhaps the most common element of such wor"

Malaysia has its own act under Anti1orruption Agency against bribery which is

included in Anti1orruption Act )**+ ;ne of the purposes is to reduce or eliminate the

fre%uency of bribery In legal terms, bribery is described as the act of accepting or

offering something of #alue, such as money, in return for a certain action or influence on

a go#ernment official !ribes can ta"e many different forms, but are always intended to

influence or alter the action of #arious indi#iduals !ribery goes hand in hand with both

political and public corruption According to law, both the recipient of the bribe and the

pro#ider of the bribe can be charged with the offense of bribery A bribe may be a gift

gi#en to someone in exchange for certain action or influence ;ther forms of bribes may

include property, #arious goods, pri#ileges, ser#ices and fa#ors 4owe#er, the most

common bribes are gi#en as currency

In moral #alue of the ethical in bribery, there are a few issues can be raise $here are

some mixture of opinion between bribery and extortion !ribery said to be illegal

agreement whereas extortion said to be forced upon the #ictim $herefore extortion and

bribery can be classified as unethical as well In reality, it is uneasy to differentiate

between a bribe from extortion >or example in order to release imported containers

where there are need to ha#e a serious discussion with custom officials $here are many

:

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other examples of where bribery can be happened $he conse%uences are significant

ublic safeties in term of consumers0 food products to children toys seem not important

anymore International bribery directly wea"ens the effort to protect basic human rights

$his is a big complication that should not be ignored

2#3 ANALYSIS

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>ood industries bribe to gi#e the opportunity to their products in certain outlets

or countries

!usiness$o cross o#er the red tapes0

!ribery is not a small matter because the effect is massi#e 4ere stated some of the

effects of bribery to our society and country

$he in#ol#ed party becoming a selfish indi#idual $hey do not ha#e conscience to

do the right thing 3ust because of their own satisfaction

$he unfair result for those that do not ha#e money to but the influence and power

/o more fear and guilt to do thing against moral norm

!reeds inefficiencies into the system, erodes growth and depri#es millions of

people and the ser#ices which they deser#ed

?ecreases the standard of li#ing and %uality of life

Endangered the en#ironment public with the incompetent wor" or construction

1an create political instability and economic distortion which is a disaster for a

decent ci#ili&ation

Increase in management cost /ew entrepreneurs will need to face so tedious red

tape0 before any applications appro#ed

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>eeling the need of helping friends or families as if it is their obligation to

satisfy their demand

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ublic awareness of the punishment or sentencing of the bribery by mass media

and internet

Applying laws uniformly and fairly

Education and awareness of the punishment and good wor"ing ethics is #ery

important

Establishing a clear and accessible system for the reporting of any suspicious

beha#iour

Strict enforcement of ethics codes is essential $hose who #iolate the company

code ought to be punished

.egardless of the charge or guilt, those that fall to bribery or other related charges

should hire the attorney 4a#ing the professional to assist the cases is #ery helpful

because the punishment can be se#ere $he attorney0s fees for handling the case may

#ary which are depending on many factors

3 CONCLUSIONS

In most community, gift exchanges are #ery common and considered as symbolic

expressions of interpersonal and social relationships Gifts also implied as a reward for

assistance and ser#ices Some people may ta"e ad#antages of this traditional practice in

)

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ma"ing an excuse to bribe Selfishness and a#oiding any form of accountability and often

pushed by greed changed a gift into the bribe

!ribes are dri#en by selfishness while a#oiding any form of accountability, sometimes

pushed by the presumed need to sur#i#e and often stimulated by mere greed eople in

business bribe executi#es to obtain fa#ors or to do something illegal without get caught

@nfortunately, the phenomenon of bribery is not in a small scale but flooded some

societies ferociously that it endangers the community life and economic mechanisms

-e ha#e seen that high le#els of bribery acti#ities ha#e #ery harmful effects on economic

and political de#elopment in any countries that cannot control it 1on#oluted regulations

and wea" rule of law foster a culture of corruption and informality both in the pri#ate and

public sectors

$here are cases of corruption that respond to the unethical nature of the corrupt

indi#idual !ut for the most part, the unethical beha#ior stems from the en#ironment in

which indi#iduals must interact

In order to fight bribery and informality, it is essential to understand that bribery is a

symptom of o#erregulation, lac" of rule of law, a large public sector $he optimal

solution would be to eliminate burdensome regulations so that an unethical beha#ior does

not occur Economic freedom in all possible areas of economy must be ad#anced to ma"e

sure there are less obstructing economic acti#ity and then impro#e on the cost of life

1ountries must also preser#e the independence and effecti#eness of the 3udiciary to

punish corrupt actions Economic freedom with a strong rule of law will foster a culture

of in#estment, 3ob creation, and institutional respect are the essential factors in massi#ely

impro#ing the li#ing standards of ordinary people and fight bribery

' 25B) words(

REFERENCES

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Eli&abeth Spahn 2B =International !ribery6 $he Moral Imperialism 1riti%ues=Express; A#ailable at6 http6CCwor"sbepresscomCeli&abethDspahnC)

http6CCwwwlegalinfocomCcontentCcriminallawCcrimeo#er#iewbriberyhtml

http6CC&aharuddinnetCsenaraileng"aparti"elC5BC+B)corruptionandbriberywilldestroy

ournationhtml

Ma-. Pe! a H"e!!e Labelle#Making sure that bribes don't pay. .etrie#ed on 22

May 2)5 from!!://444#oe5#o-"/af/a!&

b-be-6/7a."8-e!a!b-be8o!a6#!7

4o o Ann, $ee Feng Fo" '2))( !MM"#$" %ro&essional thics ;pen @ni#ersity

Malaysia Fuala