OACP SCRIPT PRESENTATION

SO, LETS SHIFT OUR FOCUS INTO THE NEXT SUBTOPIC, WHICH ARE THE CHALLENGES IN
IMPLEMENTING OACP INTO VARIOUS AGENCY OR ORGANIZATION.

THE FIRST CHALLENGE IN IMPLEMENTING OACP IS THERE IS INFERENCE FROM THE POLITICIAN IN
GOVERNMENT ADMINISRATION. IN THE MALAYSIA SCENARIO, POLITICIAN ALWAYS PLAYS AN
IMPORTANT ROLE IN THE ADMINISTRATION. HENCE, IT CAN BE SAID THAT THEY HAVE THE DIRECT
CONTROL AND ABLE TO INTERFERE THE ON-GOING ACTIVITIES IN THE ADMINISTRATION. IN THE
CONTEXT OF THE OACP’S IMPLEMENTATION, THESE POLITICIANS HAVE THE DIRECT CONTROL ON
ORGANIZATION SUCH AS IN 1MDB ISSUE. FOR THE MOST PART, POLITICIANS HAVE MEDDLED IN
BUREAUCRATIC AND FINANCIAL CONCERNS, WHICH THEY VIEW AS HAVING THE POTENTIAL TO PLAY
A MAJOR ROLE IN SUPPORTING THEIR OWN INTERESTS TO THE DETRIMENT OF THE LAWS AND
REGULATIONS.

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SO, AS YOU CAN SEE IN THIS PARTICULAR SLIDE, IT STATED THAT EVEN 1MDB HAS IMPLEMENTED
ANTI CORRUPTION MEASURE TO COMBAT CORRUPTION, BUT THE CORRUPTION CASE AMONG THE
EXECUTIVES ALWAYS THERE. ONE OF THE MAIN REASON IS THE INFERENCE FROM THE POLITICIAN
IN MAKING DECISION AND OTHER FINANCIAL MATTERS. MOREOVER, INTEFERENCE FROM THE
POLITICIAN IN APPOINTING POLITICAL EXECUTIVES AND SELLING GOVERNMENT CONTRACT ARE
ANOTHER REASON WHY OACP DIFFICULT TO BE IMPLEMENTED.

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THE SECOND CHALLENGES IN IMPLEMENTING OACP IS LACK OF LEADERSHIP AND POLITICAL WILL.
HEAD OF THE ORGANIZATION OR THE POLITICIAN MUST HAVE A STRONG LEADERSHIP DURING
IMPLEMENTING THE OACP. AS WE LEARNED IN THE HUMAN RESOURCE CONTEXT, A TOP EXECUTIVE
BECOME THE MODEL OF THE NORMAL WORKER. TO APPLY THE CONTEXT IN THIS SCENARIO, THE
HEAD OF ORGANIZATION MUST EMBRACE THEIR TRANSPARENCY AND TO SHOW HIS WILLINGNESS
IN IMPLEMENTING OACP TO ENSURE OTHERS COMPLY WITH OACP’S RULES AND REGULATION.
MOREOVER, THE IMPLEMENTATION OF OACP BECOMING A CHALLENGE TO IMPLEMENT BECAUSE
MOST OF THE POLITICIAN TENDS TO IGNORE AND DELAYED SEVERAL INITIATIVES THAT COULD HELP
IN COMBATING CORRUPTION AT THE ORGANIZATIONAL LEVEL. ACCORDING TO MACC, INTEGRITY IN
ASSET DECLARATIONS IS ONE OF THE PROJECTS HAVE YET NOT TO BE IMPLEMENTED.

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SO, IN THIS SLIDE IT SHOWN THAT THE PROBLEM FACED BY JKM WHEN THERE IS LACK OF
LEADERSHIP FROM THEIR TOP MANAGEMENT. THE DEPARTMENT DOES NOT HAVE A DEPARTMENT
OF INTEGRITY UNIT, WHICH IS ONE OF THE MOST SIGNIFICANT OBSTACLES. APART FROM THAT,
WITH THE ABSENCE OF STRONG LEADERSHIP ALSO WILL REDUCE THE INTERNAL AUDIT CONTROL
THAT COULD RESULTED TO CORRUPTION ISSUES. MOREOVER , IT IS A PART OF THE EXECUTIVE
RESPONSIBILITY TO ENSURE HIS DEPARTMENT HAS INTEGRITY UNIT AS IT WILL PROVIDES CHECK
AND BALANCE IN REGARDS WHILE DEALING WITH PUBLIC FUND.
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THE THIRD CHALLENGES IN IMPLEMENTING OACP IS LIGHT PUNISHMENT TO CORRUPTION

OFFENDERS. SO, IN THIS PART I WILL READ THE LAW THAT RELATES WITH CORRUPTION ISSUE. IN
THE MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009 (ACT 694), THE BROAD SENSE
PUNISHMENT FOR ANY CORRUPTION-RELATED CRIME IS A SENTENCE OF IMPRISONMENT NOT
EXCEEDING 20 YEARS. IN CONTRAST, THE PRIOR ANTI-CORRUPTION ACT 1997 (ACT 575) WOULD
PROVIDE FOR IMPRISONMENT FOR A TERM THAT IS NOT LESS THAN 14 DAYS AND NOT MORE THAN
20 YEARS. AS A RESULT, THE MACC ACT 2009 (ACT 694) IS THE ONLY ONE OF THE TWO THAT DOES
NOT INCLUDE A REQUIRED MINIMUM NUMBER OF DAYS NEEDED TO SERVE A JAIL SENTENCE. 

THIS CAN BE CONSTRUED TO MEAN THAT VIOLATORS ARE NOT REQUIRED TO FULFIL THE
MANDATORY AMOUNT OF TIME IN JAIL. SO, THE LAWS WHICH RENDERED SEEMS ILLOGICAL AND
THE LAWS ARE OUT OF DATE AND ALSO NEED TO BE REVISED. THE PUNISHMENT MADE TO THE
OFFENDER SEEMS TO BE MINIMUM AS THE CYCLE OF THE CORRUPTION MAY BE HAPPENING AGAIN.

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SO, IN THIS PARTICULAR SLIDE, IT SHOWN THE PUNISHMENT FACED BY NAJIB RAZAK DUE TO HIS
MISCONDUCT BEHAVIOUR WHILE RUNNING THE 1MDB OFFICE. IN THE CASE OF 1MDB, NAJIB RAZAK
ONLY SERVED 12 YEARS OF IMPRISONMENT AFTER TRANSFERRED US$700 MILLION TO HIS
PERSONAL ACCOUNT. HENCE, IT IS THE POWER OF OUR JUDICIAL BODY TO ENSURE THERE ARE
MORE HEAVY PUNISHMENT TO CORRUPT OFFENDER TO ENSURE TRANSPARENCY WHILE DEALING
THE PUBLIC MONEY SUCH AS DEATH PENALTY IMPOSED BY CHINA.

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THE FOURTH CHALLENGES IN IMPLEMENTING OACP IS LACK OF MONITORING TOWARDS POLICY

ENFORCEMENT. MONITORING HERE REFERS TO OBSERVE ANY ACTIVITY THAT RELATES WITH
PERFORMANCE OR RULES REGULATED. HENCE, ALL PROCEDURES AND METHODS MUST BE IN
ACCORDANCE WITH THE CURRENT LEGAL FRAMEWORK. THERE IS A WIDESPREAD AGREEMENT THAT
INFORMATION AND COMMUNICATION TECHNOLOGIES (ICTS) HAVE THE ABILITY TO MAKE A MAJOR
CONTRIBUTOR TO THE MOVEMENT TO COMBAT CORRUPTION.

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IN THE CASE OF FELDA, FELDA HAS A POOR REPUTATION FOR ENFORCING ITS POLICIES AND FOR
HAVING AN EFFECTIVE INTERNAL CONTROL MEASURES. APART FROM THAT, THERE IS A
COMPONENT OF NON-COMPLIANCE IN CORRUPTION. FELDA ALSO HAS TAKEN A DETERMINATION IN
DEFIANCE OF SOP AND FELDA CIRCULAR. THEREFORE, FELDA MUST STRENGTHEN THEIR
ADMINISTRATION AND ALONG WITH TECHNOLOGICAL ADVANCEMENT WHICH IS ANTI BRIBERY
MANAGEMENT SYSTEM (ABMS). HENCE, IT CAN BE SAID THAT LACK OF MONITORING IN POLICY
ENFORCEMENT DISALLOW FELDA IMPLEMENTED OACP WHICH RESULTED TO CORRUPTION ISSUES.
FORMER FELDA CHAIRMAN WHO IS TAN SRI ISA HAS COMMITTED THE CORRUPTION TOTALLING RM
3 BILLION RINGGIT. LOGICALLY, IF FELDA TRULY ENFORCE AND STRENGTHEN THE USAGE OF OACP,
SUCH CASE WOULD NOT BE HAPPENED.