INTEGRITY AND INDEPENDENCE OF JUDGES, PROSECUTORS,AND LAW ENFORCEMENT OFFICIALS
Asrul Ridzuan Bin Ahmad Rustami *I. BACKGROUNDIn Malaysia, integrity and independence of law enforcement officials are upheld
through various established organizations with the sole aim of contributing towards
creating a positive perception towards law enforcement agencies and the Government, inaddition to facilitating the efforts in gaining public support and cooperation in combating
corruption, abuse of power and malpractice.
The Malaysian Anti-Corruption Commission (MACC), an independent anti-corruption
commission, is monitored by its own “Check and Balance Mechanism” with an aim
towards convincing the public of the MACC’s independence, transparency andprofessionalism.
The Enforcement Agency Integrity Commission (EAIC) was formed in 2011 where theother 21 Federal Enforcement Agencies come under the supervision of the Commission.
The establishment of the Commission is in line with the Government's aim to inculcate andenhance integrity among enforcement officers and law enforcement agencies, thus
strengthening public confidence in them.
II. THE MALAYSIAN ANTI-CORRUPTION COMMISSION (MACC)
In early 1959, Malaysia's (then Malaya) efforts to combat corruption were carried out
by two entities, focusing on investigations and prevention. Investigations on corruption
cases were tasked to the Special Crimes Unit of the Criminal Investigation Department of
the Royal Malaysian Police, while an Anti-Corruption Agency was set-up in the Prime
Minister’s Department to manage the aspect of prevention. Matters related to prosecution
were under the purview of the Attorney General's Chambers.
In view of the fact that anti-corruption activities were then carried out by three different
agencies, the Government decided to consolidate the task of investigation, prevention andprosecution under one umbrella by setting-up the Anti-Corruption Agency (ACA) in 1967
in accordance with the Anti-Corruption Act 1967.
In 2008, the Parliament and the Government unanimously approved the formation of
an independent anti-corruption commission to be known as the Malaysian Anti-Corruption
Commission (MACC) and replaced the Anti-Corruption Act with the Malaysian AntiCorruption Commission Act 2009. The MACC Act 2009 came into effect on 1 January
2009, which led to the official establishment of the MACC as an independent, transparent*Senior Assistant Commissioner, Head of AMLA Unit, Malaysian Anti-Corruption Commission, Malaysia.

- 73 - 73 -and professional body to manage the nation’s anti-corruption efforts effectively andefficiently.
The MACC aims to be a professional anti-corruption commission in enforcing the lawand educating the public against corruption in moving towards greater prevention andultimately to eradicate corruption in Malaysia through the following principles which areIndependent, Transparent and Professional.
The Code of Ethics and Conduct of the MACC combines moral values with theuniformed deeds and actions to guide MACC officers to perform their duties andresponsibilities with the objectives of strengthening the level of integrity of MACC officers
in the execution of their duties and responsibilities and clarifying permissible and nonpermissible actions by MACC officers in accordance with the enforced policies, guidelines
and the law.
Integrity is a core element in the Code of Ethics and Conduct of the MACC. The corevalues of integrity that are held by the MACC in shaping the “MACC Values” are:
Trustworthy, Firm, Fair, Independent, Transparent and Professional. In addition, positive
values such as Discipline, Cooperation, Loyalty and Commitment also form the “MACCValues” which are to be consistently upheld by all MACC officers in executing their duties
and responsibilities.
III. CHECK & BALANCE MECHANISM
In moving towards convincing the public of the MACC’s independence, transparency
and professionalism, a Check and Balance Mechanism was created through the formationof five external and independent oversight bodies to monitor the functions of theCommission closely and constantly.
The Check and Balance Mechanism comprises the Anti-Corruption Advisory Board(ACAB), the Special Committee on Corruption (SCC) and the Complaints Committee (CC),which are made through the provision of the law, while the Operations Review Panel (ORP)
and the Consultation and Corruption Prevention Panel (CCPP) are established throughadministrative order.
These five entities are responsible for ensuring that MACC performs its duties in anindependent, transparent and professional manner. The mechanism assists in fulfilling thepublic’s expectations towards the Commission’s independence, efficiency, effectiveness,transparency and accountability in executing its designated legal obligations. The checkand balance mechanism will contribute towards creating a positive perception of theMACC and the Government, in addition to facilitating the efforts in gaining public support
and cooperation in combating corruption, abuse of power and malpractice.
Members of these bodies represent the general public and are composed of senior exgovernment officials, politicians (government and opposition), professionals from thebusiness and corporate sector, academicians, lawyers and well-respected individuals.

- 74 - 74 -A. Anti-Corruption Advisory Board (ACAB)
The Anti-Corruption Advisory Board (ACAB) is set up by the provision of law undersection 13 of the Malaysian Anti-Corruption Commission Act 2009 (Act 694). The
members of the ACAB are appointed by the King of Malaysia among individuals who haverendered distinguished public service or have achieved distinction in their professions. The
Chief Commissioner of MACC shall be appointed as an ex officio member of the ACAB
as provisioned under section 13(2) (b) of the said Act.
The functions of the ACAB are provided as follows:i. To advise the Commission on any aspect of the corruption problem in Malaysia;
ii. To advise the Commission on policies and strategies of the Commission in its
efforts to eradicate corruption;iii. To receive, scrutinize and endorse proposals from the Commission towards theefficient and effective running of the Commission;
iv. To scrutinize and endorse resource needs of the Commission to ensure its
effectiveness;
v. To scrutinize the annual report of the Commission before its submission to theSpecial Committee on Corruption; andvi. To submit its comments to the Special Committee on Corruption as to the exercise
by the Commission of its functions under this Act.
B. Special Committee on Corruption (SCC)
The Committee is set up by the provision of law under section 14 of the MalaysianAnti-Corruption Act 2009 (Act 694). The members of the SCC are appointed by the Kingof Malaysia, who shall be drawn from both the members of the Senate and the House ofRepresentatives. The said section had also stated that none of them shall be a member of
the administration.
The functions of the SCC are provided as follows:i. To advise the Prime Minister on any aspect of the problem of corruption inMalaysia;
ii. To examine the annual report of the Commission;iii. To examine the comments of the Anti-Corruption Advisory Board as to the exercise
by the Commission of its functions under this Act; andiv. To seek clarifications and explanations on the annual report of the Commission andthe comments of the Anti-Corruption Advisory Board.
C. Complaints Committee (CC)This committee was formed by law through section 15 of the Malaysian AntiCorruption Commission Act 2009 (Act 694) and appointments are made by a Minister.
The functions of the CC are provided as follows:i. To examine complaints and action or outcome of investigation on complaints aswell as give opinions on the results of investigation;
ii. To examine the types of offences committed by MACC Officers and to suggest
measures to enhance the efficiency and capability of officers in carrying out theirduties (through trainings and other methods);- 75 - 75 -iii. To receive and acknowledge disciplinary results and suggest preventive measures;
andiv. To review work procedures and recommend improvements on work procedures andlogistic needs.
D. Operations Review Panel (ORP)The ORP is appointed administratively by the Prime Minister among experts whorepresent relevant professions and who can represent the quality of integrity andindependence of the Commission. The ORP shall act as the check and balance mechanism
for ongoing cases and on reasons regarding actions upon cases to be prosecuted or nocharges are preferred. The ORP may also present its views to the MACC on cases if further
clarifications are needed.
The functions of the ORP are provided as follows:i. To receive and seek clarification regarding statistics of Investigation Papers openedby the Commission;
ii. To receive and scrutinize reports from the Commission regarding Investigation
Papers exceeding 12 months of investigation;iii. To receive reports from the Commission regarding all cases where suspects arrested
are released on bail bond by the Commission exceeding six months;
iv. To receive reports on closure of Investigation Papers and to advise on improving
investigations due to weaknesses plus reviewing whether further investigation isrequired; andv. To scrutinize, examine and endorse proposals to enhance the Commission’s
investigation operations to the Anti-Corruption Advisory Board.
E. Consultation and Corruption Prevention Panel (CCPP)The CCPP is appointed administratively by the Prime Minister among individuals who
represent various civil society organizations and other organizations such as academician,the business community, religious figures, media experts and social activists that can assist
the MACC towards its objective of inculcating hatred against corruption among the society
at large.
The functions of CCPP are provided as follows:i. To advise the Commission on enhancing the effectiveness of inspection andconsulting activities upon the practices, systems and work procedures of both thepublic and private sectors which may be conducive to the occurrence of corruption;
ii. To advise the Commission on enhancing the effectiveness of public education
activities towards increasing the awareness on corruption and support on anticorruption efforts;
iii. To advise the Commission on enhancing the effectiveness of anti-corruption
activities through the mechanism of strengthening integrity in both the public andprivate sector;
iv. To advise the Commission on some of the best practices in the fields related to theimplementation of consultation and anti-corruption activities;
v. To assist the Commission as the key communicator in garnering support from thepublic, the media and the sectors identified towards the prevention efforts by theCommission; and- 76 - 76 -

vi. To submit its comments on the Commission’s undertaking of its function onconsultation and anti-corruption under the MACC Act 2009 to the Anti-Corruption
Advisory Board.
IV. INTERNAL CONTROLInternally, the Excellence and Professionalism Division is responsible for the regularmonitoring of the officers of the Commission by ensuring appropriate actions are taken
against those being involved in activities which could bring about a negative perception
towards the Commission. This Division also serves in guiding the officers of theCommission to perform their duties and responsibilities with the highest level of integrity.
The functions of the Excellence and Professionalism Division are provided as follows:i)Integrity Enhancementa. Ensure the acculturation, institutionalization, and implementation ofintegrity in MACC officers through the development of human capitalwith integrity and strengthening a culture of integrity and moral values.
b. Provide counselling services to identified MACC officers and forreferred cases.

ii)

Complaint Management
a. Receive and act on all complaints or information on misconduct ordisciplinary violations not of a criminal nature.
b. Serve as secretariat to the MACC Complaints Committee (CC) andprepare the CC Annual Report.

iii)

Detection and Verification
a. Detecting and verifying complaints or information on misconduct anddisciplinary violations not criminal in nature involving MACC staff. In
cases where there is a basis behind the disciplinary violation or
misconduct, the matter shall be referred to the Disciplinary Secretariat
for appropriate action under the Regulations Public Officers (Conductand Discipline) 1993 or other administrative actions.
b. In cases where there is a basis for a criminal offence, information will
be referred to the Information Evaluation Committee (IEC), Records
Management and Information Division for further action.

iv)

Disciplinary Secretariat
a. Manage disciplinary proceeding papers for the consideration of therelevant Disciplinary Authority.
b. Act as Secretariat to the relevant Disciplinary Board Meeting andprepare minutes of meetings as well as inform and act on meetingdecisions.

v)

Compliancea. Conduct compliance inspectorate through inspection and enforcementon compliance with the law, policies, regulations, chief commissioner’s- 77 - 77 -

b.

c.
d.
e.
vi)

standing orders (PTKP), code of ethics and standard operatingprocedures in force on all MACC staff.
Report and provide feedback on any weaknesses, violations of the codeof conduct and non-compliance with policies, regulations and SOP to
the relevant MACC Divisions or State for corrective action,
improvement or appropriate action.
Provide reports to the Disciplinary Secretariat in cases of disciplinary
violation or misconduct by officers for appropriate action.
Conduct studies, assessments and update the effectiveness of andcompliance with existing policies, regulations, PTKP and SOP.
Conduct assessment on the understanding and compliance with policies,
regulations and SOP stipulated.

Governancea. Ensure the effective implementation of organizational governanceinvolving integrity issues to curb corruption and disciplinary violations.
b. Receive reports and act as secretariat for the Anti-Corruption
Committee meeting and the reporting for MACC Organizational AntiCorruption Plan (OACP).
c. Examine weaknesses and improvements to regulations, systems andprocedures to shut any opportunities for corruption and disciplinary
violations for MACC staff.

V. ENFORCEMENT AGENCY INTEGRITY COMMISSION (EAIC)
The EAIC is a Federal Statutory Body established by an Act of Parliament underSection 3 of the Enforcement Agency Integrity Commission Act 2009, which was enforcedon 1 April 2011. Under subsection 1 (4) of the Act, there are 21 Federal Enforcement
Agencies listed under the supervision of the Commission. Some notable agencies amongthose listed are the Royal Malaysia Police, Royal Customs Department of Malaysia,Immigration Department of Malaysia and the Road Transport Department.
This Act replaces the Independent Police Complaints and Misconduct Commission Bill2005. The establishment of the Commission is in line with the Government's aim toinculcate and enhance integrity among enforcement officers and law enforcement agencies,
thus strengthening public confidence in them.
Since the Act came into force, the Commission has begun to carry out functions asprovided in section 4 of the Act. The main function of this Commission is to receive
complaints of misconduct from the public against enforcement officers or law enforcement
agencies in general and investigate and hold a hearing on the complaints received. Thisway the enforcement activities are constantly monitored and in the event of misconduct,
appropriate actions will be recommended.
Generally, there are nine statutory functions carried out by the Operations Division ofthe Commission, which are:
1. To receive, investigate and hold hearings on complaints of misconduct of law
enforcement agencies;- 78 - 78 -

2. Establish mechanisms for detecting, investigating and preventing misconduct inenforcement agencies;
3. Protecting the public from the misconduct of enforcement agencies;
4. Monitoring the operation and procedures of enforcement agencies;
5. Promoting awareness and education integrity;
6. Formulating legislative and administrative measures recommended to theGovernment;
7. Reviewing the procedures and propose recommendations for improvements ofenforcement agency;
8. Holding tours of enforcement agencies’ premises to ensure law and SOP arecomplied with and making recommendations for improvements; and9. Doing all things expedient or necessary for the implementation of the Commission'sfunctions.
VI. CONCLUSION
The MACC is committed to achieving its vision of creating a corrupt-free Malaysiansociety based on high spiritual and moral values, as well as shaping the Commission into aworld class anti-corruption agency. The efforts of the Commission are further supported by
the Government of Malaysia, which is also committed to addressing issues of governance,
integrity and anti-corruption.
The government's fight against corruption is evident through the formation of theSpecial Cabinet Committee on Anti-Corruption and the National Centre for Governance,
Integrity and Anti-Corruption (GIACC). GIACC had developed the National AntiCorruption Plan (NACP) 2019-2023 with the aim of making Malaysia a corrupt-free nationby 2023.

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