1.0 Introduction As we all know bribery will be a disease if practiced in lives.

It is because bribery can give the negative impact especially on the politic, economic and social. According to Montagne and Shuster (2 !!", recent cases remind the world that bribery and corruption have not gone away despite global efforts to e#tinguish it. $he media are keeping busy by the pioneering trial of %osni Mubarak and his two sons over corruption as state leaders (&eoh, 2 !2". '()* 'bserver (2 ", it is defined bribery as the promising, offering,

giving something in order to influence a public official in the implementation of his+ her ,ob. -esides that, bribes can take the form of money, other pecuniary advantage, such as scholarships for a child.s college education, or non/ financial benefits, such as favourable publicity. In the international conte#t, bribery involves a business firm from country A offering financial or non/ financial encouragement to officials of country - to obtain a commercial benefit. -ribery has two sides namely firms offering bribes and individuals receiving bribes. $his supply of and demand for bribery sustain the high prevalence of bribery today (Sanyal 0 Samanta, 2 !!". In addition, bribery can be defined from noun an illegal payment to someone to get something done and from verb it is to give an illegal payment to someone. So, bribery is the act of promising, giving, receiving, or agreeing to receive money or some other item of value with the corrupt aim to influence a person in the discharge of his official duties. 1hen money has been offered or promised in e#change for a corrupt act, the official involved not actually accomplish act for the offense of bribery to be complete. According to 2aharuddin (2 3", there are four types of bribery. 4irstly, the

type of bribery is re5uesting or receiving bribe. It is about that any person or agent that re5uest+ receive+ agree to accept any bribe like money, items, services and others as a reward or motivator to do or not to do anything related to the transaction or related to a formal transaction, principle or employer. Secondly, the types of bribery is offering or giving bribe which mean any persons or agents that offer, give, agree to bribe. $hird type of bribery is making a fake claim that is any person who gives to an agent, or an agent, or an agent gives to his employer or principle a document that he+ she knows or reali6es contains forged information, which is important to the !

employer or principle with the intention of deceiving his+ her employer or principle. 7astly, the type of bribery is misusing title or positions that mean any public sector e#ecutive that use their title and position to receive bribery for any decisions or actions related to himself, where the e#ecutive, his relatives or his cronies have an interest in directly or indirectly (Abd 8ahman, 2 2.0 Economic analysis on the act of bribery According to Mauro (!99:", the relationship between economic growth and bribery has been e#amined e#tensively in the literature. 4rom the studies negative correlation between bribery and economic growth has found. 4isman and Svensson (2 ", uses evidence from ;ganda to confirm that bribery retard development at the micro level. $he form they studied the relationship between bribe payments, ta#es, and firm growth in ;ganda for the period !99:/ 9< and found that a one percentage point increase in the bribery rate was associated with a three percentage point reduction in firm growth. Another engine of economic growth is foreign direct investment (4*I". According to %abib and 2urawicki (2 2" based on their studies they looked at aggregate investment flows from seven countries among themselves and 32 other countries over a three year period (!99=/93" and related those flows to the individual country>s )?I. $hey concluded that @corruption is a serious obstacle to investment@. $hey also found a negative effect due to the difference in bribery levels between home and host countries suggesting that investing firms are reluctant to deal with the conditions prevailing in an operating environment with a different level of bribery. In an undated 1orld -ank document, Smar6ynska and 1ei studied the impact of bribery in a host country on the preference of foreign investors for a ,oint venture or a wholly/owned subsidiary. $hey conclude, based on firm/level data, that bribery reduces 4*I and shifts the ownership structure towards ,oint ventures. 4rom the economic aspect, bribery give more negative impact than positive impact because it is can give effect to the company profits, performance and others. $he business for e#ample must be an ethical because of significant influence on stakeholders and enhance the business performance. -usiness actions can affect the organisation various stakeholders such as its customers, employees and the community. Since the business can have an enormous influence on its stakeholders, 2 3".

the organisations has to be responsible and ethical in its actions. In the organi6ation if the top level do or take the bribery and stakeholder know about it so they will be the loss of their respect to the organi6ation and it is can decrease their performance on the ,ob and will be the profits of the organi6ation down. It is can be proved according to the empirical analysis. $he results of the empirical analysis, identified from within firm variation, a higher bribery level block both the real sales and labour productivity growth of an average form. $his is generally consistent with the e#isting firm and macro level empirical research. $he impact is more significant in the case of labour productivity growth, possibly because it is sub,ect to rigid contracts with employees and can better reflect the rent seeking behaviour of forms. According to Murphy et al. (!99!", it shows that corruption forces the reallocation of talent from production to rent/ seeking. As a result, firms may not be managed by the best talent, and hence e#pend less or be less productive. Applying the authors. arguments to the employment structure of an organisation, from that, we can also see that a higher bribery can result in a large share of employees being occupied with non/ productive activities, namely bargaining with public officials and searching for ways to overcome bureaucratic constraints. $his can undermine the labour productivity of the organisation (Aochanova, 2 !2". -esides that, business ethics also enhances organisations business performance. -usiness can know that ethical action can directly affect thier organisations bottom line. An e#amples, if the organisation do the unethical things like bribery so it is can detrimental effect on a organisation such as face with higher financing costs. -esides that the organisation has also become dishonest firms and tend to lose thier customers.

3.0 Legal analysis on the act of bribery

7egal responsibility defines what the society considers important respect to appropriate corporate behaviour. -usinesses are e#pected to fulfil their economic goals within follows the legal framework. In Malaysia one organisation is established under the ?rime Minister *epartment to handle corruption prevention activities mainly through lecturing. $he one of organisation namely $he Malaysian Anti/ )orruption )ommission (MA))" began its operation officially on Canuary !, 2 Anti/ )orruption )ommission Act 2 9 replacing the Anti/ )orruption Agency (A)A" Malaysia. It was established by legislation namely the Malaysian 3 (Act =9D". $he functions of the MA)) are 9 to provided under Section < Malaysian Anti/ )orruption )ommission -ill 2

receive and consider any report of the commission of an offense under this Act and investigate such of the reports as the )hief )ommissioner or the officers consider practicable and to detect and investigate any suspect conspiracy to commit any offense under this act. So the government takes the bribery cases with serious. $he other function of MA)) is to e#amine the practices, systems and procedures of public bodies in order to facilitate the discovery of offenses under this Act and to secure the revision of such practices, systems or procedures as in the opinion of the )hief )ommissioner may be conducive to corruption such as to instruct, advise and assist any person, on the latter.s re5uest, on ways in which corruption may be eliminated by such person. $o advice heads of public bodies of any changes in practice, system or procedures compatible with the effective discharge of the duties of the public bodies as the )hief )ommissioner thinks necessary to reduce the likelihood of the occurrence of corruption. In addition, the functions of MA)) are to educate the public against and to enlist the foster public support against corruption. Anti/ )orruption Act (act :<:" states that there are several punishments for those who taking bribes. If asking+ receiving or offer or give bribe the action that stated in section ! (a", (b" and section !! (a", (b" Apr !99< will be punished with prison for minimum !D days and minimum 2 years and fine for : times value of the bribe or 8M! , , whichever is higher.

-esides that, bribery can give the negative impact to the organisation, it is because of if they caught up in public scandals that cost them a fortune destroying their brands, defending themselves and ultimately losing out on business. -ribery also kills the moral fabric of the society and reeks on the business ethics and the reputation of a company that is caught in the act. $his can result in loss of confidence in the organisation by members of the public and can also lead to loss of business patronage. 4rom the legal aspect if the organisation does the unethical activity like bribery they may be faced with law action. 4.0 Ethical analysis on the act of bribery (thical analysis of the act of bribery based on four ethical theories namely classical teleological ethical theoryE ;tilitarianism, classical deontological ethical theoryE ;niversalism, distributive ,ustice theory and personal liberty theory. ;tilitarianism is commonly associated with Ceremy -entham (!<D3/ !3B2", a -ritish thinker. In microeconomic theory, utilitarianism measures our degree of preference for a given good or service relative to price. In utilitarian theory, the term refers to our perception of the net benefits and costs associated with a given act. ;tilitarianism differs from the economic concept of cost+ benefit analysis in that the distribution of the costs and benefits has to be included as well. $hat is, these are net benefits to society, and each individual within the society has to be considered and treated e5ually in the distribution where Fthe greatest good for the greatest number. takes precedence in utilitarian the theory over Fthe greater good for a smaller, more elite number.. In this cases, all people already know bribery is the wrong things and it is can give the bad impact to the organisation, society, economic, government and others. Maybe the bribery not gives impact on the short term but it is can show the impact maybe in the long term. So, even to take the bribery can give higher profits to the company but in the same time it is can give the bad impact like lowers the performance of their employee and it also can cause the moral ethic of their employee in one organi6ation low. $he organisation must do the activity in the organisation follow the rule and regulation of the government. So, from that the :

company will be accepting by everyone. It is because with bribery it is impossible to balance the benefits of the ma,ority against the sacrifices of a minority. *eontological ethical theoryE ;niversalism is a Greek term referring to the duties or obligation of an individual. $he deontological theory states that the moral worth of an action cannot be dependent upon the outcome because these outcomes were so indefinite and uncertain at the time of the decision to act is made. $he moral worth of an action has to instead depend upon the intentions of the person making the decision or performing the act. In this situation, if the company+ organi6ation in the beginning want to take the bribery because it is can give benefits to the organi6ation. An e#ample they want to get the tender (build the home" from the one party and then to get the tender in the easy way they give some payment. In this case maybe the organi6ation will win to get the tender because of paying some money or we will know with bribery. -ut the organi6ation in the future maybe cannot do well in their work to settle down the tender and their aim only to finish their work in the short term using the minimi6e cost. Apart from that the 5uality of the home is not good and can give the bad impact to the residents that buy the home. And at the end, the organi6ation will be faced with the legal action from the government and must have the responsibility for their action before. So it is can give the loss to the company, it is because the company will be faced with the legal action like prison and pay the same value of money with the offense of asking for the bribery. At the first maybe it is can give the profits to the organi6ation and they don>t think that they would be caught at their activities in one day. It is because they don.t think about the outcome in the future and only think about the profits that they will get. -esides that, it is wrong because of it is a useful method of moral reasoning but there are no priorities and no degrees.

$he theory of *istributive ,ustice was proposed by Cohn 8awls and is e#plicitly based upon the primacy of a single value ,ustice. Custice felt to be the first virtue of social institutionsH ,ust a truth is the first virtue of systems of thought. Cohn 8awls proposes that society and the institutions within it are marketed by these two =

elements namely collaboration and conflict. )ollaboration is about in the one company all of the members have the same goals that they wants to achieve. )onflict is about in the one organi6ation or in the one group not all of the members have the one understanding, they maybe have the differing understanding. $hese distributed systems can have very different bases to each person e5ually, or to each according to his need effort, contribution or competence. In this theory not all of the members of the organi6ation have the on understanding. In the bribery cases in the e#ample, maybe one group of people agree with taking the bribery in the organi6ation because, it is can give them some of benefit+ profits in the short term. -ut some of the members in the organi6ation haven>t agreed that take barberry can give more profits to the organi6ation. It is because they already know when take the bribery it is can make them faced with the legal action. ?ersonal liberty theory is an ethical system proposed by 8obert Io6ick. $his system is based upon the primacy of a single rather than a single principleH liberty. 7iberty is thought to be the first re5uirement of society. An institution or law that violates individual liberty has to be re,ected even if it may result in greater happiness and increased benefits for others. In this situation bribery will be the more violates than the happiness of society, so the bribery must be re,ected in the organisation and others. $he purpose of re,ected of bribery in the organisation because of producing an incompetent society. $he number competent, skilful and knowledgeable people will decline as skills have no more meaning. Selfish society is one of the reason it is because individuals will only think about themselves without the negative effects on the victims in the short term and of the country in the long/ run. -ribery also producing the poor 5uality works because it threatens safety and peace. A ,ob granted due to bribery e#pose the public to danger due to the low 5uality of work and constructions. $he lastly bribery also gives the slow response and management. ?eople will delay a task to wait for higher bribes. Approvals may take longer if the e#ecutives at each level desire bribes before processing an application. 5.0 Conclusion <

$he conclusion, if the person has the awareness about the disadvantages of the bribery action they would be neat to make the bribery in their life. Many factors that give effect to the person to do the bribery, it is included from the economic, legal and ethical aspects. As the ethical person, they should not simply to accept the kind of gift or money to do the illegal activities. -ribery is not allowed only in law and regulation but it is also prohibited by all religion on the world. $he authorities must take the action to overcome the bribery problem and as the individual they also should take the responsibility to avoid the bribery to save our nation from negative impact of bribery. (2 ! "ords#

$E%E$E&CE'

Abd 8ahman, 2., 2

3. )orruption and bribery will destroy our nation.

Aochanova, A., 2 !2. $he impact of bribery on form performanceE (vidence from central and (astern (uropean countries. p.B<. Sanyal, 8. 0 Samanta, S., 2 !!. $rends in international bribe/ givingE do anti/ bribery laws matterJ Emerald, ! , pp.!:!/ !=D. &eoh, ?., 2 !2. -ribery Act 2 ! E Implications for regulated firms. Emerald, 2 , pp.2=D/ 2<<. httpE++www.sprm.gov.my+maklumat/organisasi.htmlJ0langKen httpE++www.wongpartners.com+files+;ploads+*ocuments+$ype L2 2+1?+alMwongpartnersMparliamentenactsanticorruptionlawM,an 9.pdf