Al-Istinbath
Jurnal Hukum Islam

Vol. 10. No. 2, 2025, 563-583
P-ISSN: 2548-3374 (p), 25483382 (e)
http://journal.iaincurup.ac.id/index.php/alistinbath

Strengthening Ethical Responsibility in the Prosecutor's
Office: A Comparative Study of Positive Law and Islamic Legal
Principles
Windhu Sugiarto1, Suparto Wijoyo2, Sendy Ayu Mitra Uktutias3, Antoni Julian4
Airlangga University, Indonesia1,2,3
Istanbul Sabahattin Zaim University, Turkey4
Corresponding author: * supartowijoyo@fh.unair.ac.id
DOI: 10.29240/jhi.v10i2.13123
Received: 10-05-2025
Revised: 04-07-2025
Cite this article:

Accepted: 12-08-2025

Windhu Sugiarto, Suparto Wijoyo, Sendy Ayu Mitra Uktutias, Antoni
Julian (2025) Strengthening Ethical Responsibility in the Prosecutor's
Office: A Comparative Study of Positive Law and Islamic Legal
Principles, Approach. Al-Istinbath : Jurnal Hukum Islam, 10 (2), 2025,
563-583.
Doi : 10.29240/jhi.v10i2.13123

Abstract
This study explores how ethical responsibility forms the foundation
of Organizational Citizenship Behavior (OCB) within law
enforcement institutions, using the Prosecutor's Office as a case
study. Employing a qualitative approach, it integrates normative and
sociological analyses through the dual perspectives of positive law
and Islamic ethical principles. The findings indicate that ethical
responsibility encompassing integrity, honesty, and a commitment to
justice is essential in motivating prosecutors to go beyond formal
obligations by engaging in OCB practices such as loyalty, collegial
support, and personal initiative. From the standpoint of positive law,
OCB enhances institutional effectiveness, while from the perspective
of Islamic law, it reflects work ethics rooted in maqāṣid al-sharī‘ah,
particularly in promoting justice and public welfare. The study
concludes that reinforcing ethical values grounded in both positive
law and Islamic teachings can improve professionalism and
accountability within the Prosecutor’s Office, contributing to broader
legal bureaucratic reform in Indonesia. The academic contribution of
this research lies in its integration of universal ethical values and
Sharia principles into the study of organizational behavior in the legal
sector an area traditionally dominated by administrative and legalistic
paradigms. As such, the study offers a more contextualized and
transdisciplinary ethical-normative approach to legal reform.
Copyright © 2025 Windhu Sugiarto, et.all
This work is licensed under a Creative Commons Attribution-Non Commercial-ShareAlike 4.0
International License

564 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

Keywords: Ethical Responsibility, Islamic Law, Prosecutor's Office,
Positive Law.
Introduction
In a modern and just legal system, the success of law enforcement
institutions is measured not only by formal rules or bureaucratic infrastructure
but also by the quality of their human resources.1 Ethical responsibility is among
the important aspects that are the foundation of law enforcement officials'
professional behavior. This responsibility is not just a form of regulatory
compliance; more deeply, it is a moral awareness and a personal commitment to
work on the principles of honesty, fairness, and integrity.2 In this context,
Organizational Citizenship Behavior (OCB) emerges as a tangible form of ethical
work behavior that exceeds the formal demands of the position, such as helping
colleagues without being asked, taking the initiative to solve problems, and
voluntarily maintaining the institution's reputation.3
Within the Prosecutor's Office, as an institution that plays a vital role in
the law enforcement process, the behavior of the apparatus greatly affects the
public's perception of justice and the integrity of the law itself. The prosecutor's
responsibility is not only limited to carrying out duties based on positive law, but
also contains a substantive moral dimension.4 When ethical responsibility is
practiced consistently, OCB can develop naturally and become a work culture that
supports the creation of a professional, clean, and trusted public prosecutor's
office.5 Unfortunately, in practice, the issue of low work ethic, personal interest
in legal decision-making, and weak ethical awareness are still serious challenges in
this institutional reform effort.
1 Ariyani Ariyani, Fikri, and Andi Marlina, “The Concept of Al-Islam and the Restorative
Justice Approach in Settlement of Criminal Cases,” DELICTUM : Jurnal Hukum Pidana Islam,
August 1, 2023, 28–43, https://doi.org/10.35905/delictum.vi0.6403.
2 Lasmin Alfies Sihombing, “Restorative Justice, Kejahatan, Hukuman, Dan Peradilan
Pidana: Sebuah Analisis Kesejarahan, Peluang Dan Tantangan,” UNES Law Review 6, no. 3 (April
25, 2024): 8902–11, https://doi.org/10.31933/unesrev.v6i3.1777.
3 Anwar Anwar, “Pengaruh Organizational Citizenship Behavior (OCB) Terhadap
Kepuasan Kerja Dan Kinerja Karyawan: Pengaruh Organizational Citizenship Behavior (OCB)
Terhadap Kepuasan Kerja Dan Kinerja Karyawan,” Juripol (Jurnal Institusi Politeknik Ganesha Medan)
4, no. 1 (March 9, 2021): 35–46, https://doi.org/10.33395/juripol.v4i1.10963.
4 Hadi Sucipto et al., “Transformation of Public Trust in Restorative Justice by the
Prosecutor’s Office: An Islamic and Social Law Approach in the Contemporary Era,” MILRev:
Metro
Islamic
Law
Review
3,
no.
2
(December
30,
2024):
364–87,
https://doi.org/10.32332/milrev.v3i2.9938.
5 Suparto Wijoyo, Karakteristik Hukum Acara Peradilan Administrasi: Peradilan Tata Usaha
Nagara
(Airlangga
University
Press,
2005),
https://scholar.unair.ac.id/en/publications/karakteristik-hukum-acara-peradilan-administrasiperadilan-tata-u-2.

Windhu Sugiarto: Strengthening Ethical ….| 565

As the need for value-based bureaucratic reform increases, the study of
OCB in the public sector begins to develop. Evi Nur Fauziyah et al. (2022)
identified that organizational culture and leadership have a strategic role in
growing OCB in the government environment.6 Research by Tamara et al. (2021)
highlights the importance of personal ethical values in shaping employee
commitment that encourages OCB behavior.7 Meanwhile, Septiani et al. (2024)
emphasized that the perception of organizational fairness and ethical leadership
greatly influences the tendency of employees to show these extra-role behaviors.8
These findings confirm that the ethical dimension is an important factor in
shaping OCB, but it has not explicitly placed ethical responsibility as a key
variable, particularly in the law enforcement sector.
Moreover, there is a notable lack of research that comprehensively
integrates two legal perspectives-namely, positive law and Islamic law-in
understanding the construction of Organizational Citizenship Behavior (OCB)
within the prosecutor’s institution. A positive legal perspective tends to situate
ethics within a regulatory and administrative framework which, while important,
falls short of capturing the deeper internal motivations and moral convictions that
inspire individuals to go beyond merely fulfilling their formal obligations. In
contrast, within the Islamic legal tradition, ethical values are not merely rules, but
are also considered acts of worship and expressions of spiritual responsibility,
intrinsically woven into professional conduct. The absence of such an integrative
approach presents a significant gap in the study of work ethics and organizational
behavior within the legal sector. In practice, law enforcement officials in
Indonesia do not operate in a vacuum, but rather within a socio-religious context
that demands harmony between state law and religious values. Hence, this
research is urgently needed to address both an academic void and the practical
necessity of guiding and supervising prosecutors to act on the basis of ethical
responsibility as informed by two coexisting legal systems: positive law and
Islamic law.
Additionally, the transdisciplinary approach employed in this study—
which combines normative legal analysis, sociological inquiry, and Islamic ethical
6 Evi Nur Fauziah, Pardiman Pardiman, and Afi Rahmat Slamet, “Pengaruh Kepuasan
Kerja, Budaya Organisasi Dan Kepemimpinan Terhadap Organizational Citizenship Behavior
(OCB) (Studi Pada Pegawai Sekretariat DPRD Kabupaten Malang),” E-JRM : Elektronik Jurnal
Riset
Manajemen
11,
no.
11
(March
9,
2022),
https://jim.unisma.ac.id/index.php/jrm/article/view/15538.
7 Tamara Devina Sinaga and Puti Archianti Widiasih, “Pengaruh Etos Kerja Islami dan
Ethical Leadership untuk Terciptanya Organizational Citizenship Behavior pada Karyawan,”
WACANA 15, no. 2 (August 21, 2023): 123–33, https://doi.org/10.20961/wacana.v15i2.72671.
8 Septiani Margianti, Muhammad Marwan Ilham, and Hilda Maryani, “Analisis Persepsi
Karyawan Tentang Kepemimpinan Etis Dan Hubungannya Dengan Komitmen Organisasi (Studi
PT. Dalang Kreasi Visual),” Jurnal Manajemen, Bisnis Dan Organisasi (JUMBO) 8, no. 1 (April 28,
2024): 32–38, https://doi.org/10.33772/jumbo.v8i1.747.

566 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

perspectives offers a new conceptual model for understanding the work behavior
of law enforcement officials. This model broadens the existing understanding of
OCB, which has traditionally been confined to administrative and psychological
dimensions, by making it more contextual, reflective, and normatively grounded.
By elevating universal and religious ethical values as foundational elements, this
research contributes to shaping a new paradigm of work ethics in the legal sector
one that is not only legalistic, but also meaningful and transformative.
Methodologically, this study employs a qualitative approach using a case
study method within the Prosecutor’s Office. It combines normative analysis of
regulations governing prosecutorial ethics with an Islamic juridical approach
grounded in Sharia principles. Data collection techniques include in-depth
interviews, document analysis, and participatory observation, aimed at exploring
the evolving forms of ethical responsibility and their impact on Organizational
Citizenship Behavior (OCB) in the prosecutorial work environment. Accordingly,
the
central
research question addressed
in
this
study is:
How does ethical responsibility, as understood through the lenses of positive law
and Islamic law, shape Organizational Citizenship Behavior (OCB) within the
Prosecutor’s Office in Indonesia? The findings are expected to enrich academic
discourse on ethics and organizational behavior, while also providing strategic
policy recommendations to support value-based institutional reform within the
legal sector.
Discussion
Forms of Ethical Responsibility in the Practice of the Prosecutor's Office
in Indonesia
Ethical responsibility is a fundamental aspect that reflects the integrity and
professionalism of law enforcement officials. Ethical responsibility is manifested
in the Prosecutor's Office at two main levels: individual and institutional. At the
individual level, the results of this study reveal that most prosecutors highly
uphold moral values such as honesty, accountability, and integrity. They admitted
using these values as a guideline in every stage of handling cases, including when
facing legal dilemmas or pressure from external parties.9
Some informants stated that in daily practice, personal ethics are often
decisive in decision-making, especially when written regulations do not cover the
situation in detail.10 For example, in handling cases involving parties with power
relations or high social status, prosecutors consciously choose to keep their
distance and remain objective to uphold substantial justice. This shows that
9 Wahyu Donri Tinambunan and Galih Raka Siwi, “Dinamika Kedudukan Hukum Jaksa

Sebagai Pengacara Negara Pasca Undang-Undang Kejaksaan,” Ajudikasi : Jurnal Ilmu Hukum 6, no.
2 (December 26, 2022): 125–42, https://doi.org/10.30656/ajudikasi.v6i2.4586.
10 Mr. Yayan Yayan, Personal Interview with Kejaksaan Metro, 2024.

Windhu Sugiarto: Strengthening Ethical ….| 567

ethical responsibility is not simply about formal compliance, but rather rooted in
a deep moral awareness. However, not all apparatuses have the same level of
ethical awareness.11 The study found that there are still prosecutors who are
permissive towards procedural deviations or accept informal directions from
superiors without questioning the ethical aspects.12 In certain cases, loyalty to the
institution or leadership is a reason to justify ethical violations, especially when
there is no effective internal evaluation mechanism. This phenomenon shows the
need for sustainable value coaching, not just technical training.
At the institutional level, the Prosecutor's Office has drafted the
Prosecutor's Code of Ethics contained in the Attorney General's Regulation
Number PER-014/A/JA/11/2012. This code of conduct includes basic
principles such as neutrality, objectivity, and fair treatment of all parties. In
addition, the prosecutor is also subject to the provisions of Government
Regulation No. 94 of 2021 concerning Civil Servant Discipline and ASN Law No.
5 of 2014. Normatively, this regulation has provided a fairly complete ethical
framework.13 However, its effectiveness is highly dependent on the consistency
of implementation and the courage of institutions to crack down on violations.
Field observations indicate that the application of the code of ethics has
not yet been fully internalized within the institution's work culture. Several
prosecutors acknowledged that internal oversight of ethical violations remains
reactive, typically initiated only in response to major cases or public complaints.
The whistleblowing mechanism is not yet functioning optimally, and the
protection of whistleblowers is frequently called into question.14 This condition
indicates that ethical responsibility is not merely a matter of normative regulation,
but requires the support of a strong and transparent institutional system. One of
the main challenges in upholding ethical responsibility within the Prosecutor’s
Office is the external pressure exerted by political elites, business interests, and
the media.15 Informants from the regions mentioned that in some cases,
interventions in the legal process were carried out subtly through a non-formal
approach. In these conditions, prosecutors must choose between maintaining
integrity and facing the risk of career pressure. This is where the ethical character
11 Sendy Ayu Mitra Uktutias et al., “Servant Leadership and Job Satisfaction and
Organizational Commitment: Empirical Evidence from Surabaya Health Care Sector,” Open Access
Macedonian Journal of Medical Sciences 10, no. E (2022): 1082–93.
12 Dedy Chandra Sihombing et al., “Penguatan Kewenangan Jaksa Selaku Dominus Litis
Sebagai Upaya Optimalisasi Penegakan Hukum Pidana Berorientasi Keadilan Restoratif,” Locus:
Jurnal Konsep Ilmu Hukum 3, no. 2 (June 22, 2023): 63–75, https://doi.org/10.56128/jkih.v3i2.42.
13 Tinambunan and Siwi, “Dinamika Kedudukan Hukum Jaksa Sebagai Pengacara Negara
Pasca Undang-Undang Kejaksaan.”
14 Ahmad Zaid, Personal Interview, 2024.
15 Rina Aggraini et al., “Concept of Moral and Etics in the Profession of Judges When
Making Decission in A Case,” MILRev : Metro Islamic Law Review 1, no. 1 (December 26, 2022):
103–14, https://doi.org/10.32332/milrev.v1i1.6193.

568 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

of individuals is tested, and the results of this study show that few prosecutors
choose to stick to the principle of justice even though it is risky.16
Interestingly, several prosecutors' offices at the provincial level have
begun to develop internal programs that emphasize value development, such as
case-based professional ethics training, rereading the values of Pancasila and
Islamic law, and strengthening an organizational culture that respects integrity.
This effort should be appreciated because it shows that institutional culture
change cannot rely only on punishment, but needs to encourage internalizing
values in daily work.17 From the perspective of Islamic law, ethical responsibility
is seen as part of the mandate that must be maintained. The concept of hisbah or
moral supervision that comes from within becomes a strong foundation for
Muslim prosecutors to obey the rules and maintain honesty as a form of worship
and responsibility in the hereafter. These values, if internalized, can complement
weaknesses in formal supervision systems and become moral resilience in
situations full of temptation to deviate.18
By contrast, ethical responsibility in the Prosecutor's Office results from
the encounter between individual values, formal regulations, organizational
culture, and moral-spiritual beliefs. Successful formation of work ethics is not
only through the strengthening of rules, but requires character development and
moral awareness as the foundation of professional behavior. Therefore,
integrating legal, managerial, and spiritual approaches is key to forming an
apparatus that is legally intelligent and ethically resilient.
Table: Forms of Ethical Responsibility of the Prosecutor's Office in
Indonesia
Level
Individual

Forms of Ethical
Responsibility
Honesty and personal
integrity

Key Indicators
- Refusing
gratuitiesObjective in
case analysisHonest in
reporting

Implementation
Challenges
- External pressure
from superiors or
influential parties Lack of
whistleblower
protection

16 Cahya Wulandari, “Dinamika Restorative Justice Dalam Sistem Peradilan Pidana Di
Indonesia,”
Jurnal
Jurisprudence
10,
no.
2
(March
23,
2021):
233–49,
https://doi.org/10.23917/jurisprudence.v10i2.12233.
17 Nashriana et al., “Enhancing Restorative Justice in Indonesia: Exploring Diversion
Implementation for Effective Juvenile Delinquency Settlement,” Sriwijaya Law Review 7, no. 2
(2023): 318–34, https://doi.org/10.28946/slrev.Vol7.Iss2.2427.pp318-334.
18 Aula Damayanti, “Contribution of Islamic Law to Legal Development in Indonesia,”
MILRev : Metro Islamic Law Review 1, no. 1 (December 26, 2022): 17–33,
https://doi.org/10.32332/milrev.v1i1.6188.

Windhu Sugiarto: Strengthening Ethical ….| 569

Commitment to
substantial justice
Internal ethical
awareness

Institutional Prosecutor's Code of
Ethics (PER014/A/JA/11/2012)
ASN Internal
Supervision and
Discipline System
Professional ethics
education and training

- Avoiding
personal biasDefending the
public interest
- Act according
to conscience,
even though it
is not written in
the SOP
- NeutralityObjectivityNot abusing
authority
- Ethics-based
performance
evaluationCharacter
development
- Case-based
trainingIntegration of
Islamic values
and Pancasila

- The dilemma
between loyalty to
the boss vs the law
- Not all
prosecutors have a
high level of ethical
awareness
- Uneven
implementationLack of firm
sanctions for
violations
- Supervision tends
to be reactive and
incidental
- Not evenly
distributed
nationally- Lack of
post-training
monitoring

Source: Author's Interpretation
The table above presents the ethical responsibility of the Prosecutor's
Office in Indonesia, which is divided into two main levels: individual and
institutional. At the individual level, ethical responsibility is reflected in the
prosecutor's attitude and behavior, such as honesty, integrity, and commitment to
substantial justice. Indicators such as rejecting gratuities, maintaining objectivity,
and acting on conscience are concrete manifestations of the ethical awareness
possessed by individuals. However, its implementation is inseparable from
various challenges, such as external pressure from superiors or stakeholders and
the dilemma between loyalty to the institution and compliance with the law and
ethical values.
Meanwhile, at the institutional level, ethical responsibility is formalized
through the Prosecutor's Code of Ethics, an internal supervision system, and
professional ethics training programs. Although regulations such as the Attorney
General's Regulation and the ASN Law have provided a strong normative basis,
their implementation still faces obstacles such as weak supervision, lack of strict
sanctions, and inequitable training. Therefore, forming an ethical culture within
the Prosecutor's Office requires a comprehensive and sustainable effort,

570 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

integrating positive legal approaches, managerial, Islamic ethical values, and
Pancasila as the basis of collective morality.
Ethical Responsibility as the Foundation for the Formation of
Organizational Citizenship Behavior (OCB)
Ethical responsibility is a crucial element in shaping work behavior
beyond the limits of formal job descriptions, or Organizational Citizenship
Behavior (OCB).19 In the Prosecutor's Office context, this study found that
prosecutors or employees with high ethical awareness tend to display OCB's
behavior consistently. This is reflected in proactive behavior in helping colleagues
without being asked, maintaining the institution's image in the public's eyes, and
taking the initiative to resolve cases quickly and fairly without waiting for
instructions from superiors. This behavior is not just a work routine, but a form
of voluntary contribution that shows loyalty and a sense of moral responsibility
to the organization.20
The link between ethical responsibility and OCB is not something of
chance, but of a causal relationship.21 Internalized ethics become an intrinsic
motivation that drives individuals to act more than just obeying procedures.
Officials who consider their duties as a mandate, not just a formal job, will have
a stronger incentive to maintain integrity and provide fair legal services. In fact,
in dilemmatic situations or under external pressure, they tend to remain steadfast
in their beliefs.22 Furthermore, these findings also show that OCB, which arises
from the basis of personal ethics, is much more sustainable than OCB, which
comes from bureaucratic pressure or organizational formalities. Voluntary ethics
such as honesty, responsibility, and loyalty to justice are more likely to survive in
the long run because they do not rely on incentives or punishments. Employees
with high ethical awareness have a work orientation that is not solely for personal
or institutional interests, but also as a form of social worship and spiritual
responsibility.23

19 Anwar, “Pengaruh Organizational Citizenship Behavior (OCB) Terhadap Kepuasan
Kerja Dan Kinerja Karyawan.”
20 Badrun Tamam, Personal Interview, 2024.
21 Sendy Ayu Mitra Uktutias et al., “Proactive Personality and Job Performance: A CrossSectional Study,” International Journal of Health Sciences 6, no. S6 (n.d.): 11348–53.
22 Agus Purwanto et al., “Peran Organizational Citizenship Behavior (OCB),
Transformational and Digital Leadership Terhadap Kinerja Melalui Mediasi Komitmen Organisasi
Pada Family Business,” JENIUS (Jurnal Ilmiah Manajemen Sumber Daya Manusia) 4, no. 3 (April 30,
2021): 256–72, https://doi.org/10.32493/JJSDM.v4i3.10454.
23 Linda Kartini Ticoalu, “ORGANIZATIONAL CITIZENSHIP BEHAVIOR (OCB)
DAN KOMITMEN ORGANISASI PENGARUHNYA TERHADAP KINERJA
KARYAWAN,” Jurnal EMBA : Jurnal Riset Ekonomi, Manajemen, Bisnis Dan Akuntansi 1, no. 4
(October 24, 2013), https://doi.org/10.35794/emba.1.4.2013.2806.

Windhu Sugiarto: Strengthening Ethical ….| 571

In many cases, informants state they are motivated to contribute more
because they feel a moral responsibility to a society seeking justice. For example,
some prosecutors continue to work overtime to ensure that cases are completed
on time or conduct additional mediation to avoid prolonged conflicts, even
though they are not part of their formal duties.24 These initiatives are a tangible
form of OCB based on ethical responsibility, not due to administrative pressure.
The study also found that OCB's tendencies are higher in a work environment
that encourages value and integrity coaching. Institutions that provide space for
ethical dialogue, moral training, and leadership role models directly impact
improving OCB. When ethical values are used as an organizational culture,
employees do not feel "forced" to do good, but feel that contributing is part of
their identity as legal apparatus. This aligns with the theory that a healthy
organizational culture can strengthen employee morale and loyalty.25
From the perspective of Islamic law, OCB based on ethical responsibility
can be associated with the concept of ihsan—doing good to the maximum, even
in matters that are not explicitly commanded. In Islam, working with trust and
benefiting others is part of pious deeds. Therefore, prosecutors who work beyond
formal expectations because of the encouragement of faith and spiritual morals
have carried out the principles of maqasid sharia, namely maintaining justice (al’Adl) and the public benefit (maslahah). However, the formation of ethical
responsibility and OCB cannot rely solely on individual awareness. There needs
to be a systematic effort from institutions to build an environment that supports
the development of these values. This includes an incentive system that rewards
informal contributions, ethical oversight that encourages self-reflection, and
employee recruitment with integrity as the main indicator. The absence of a
support system will make it difficult for OCB to develop, and ethical
responsibility has the potential to weaken amid the pressure of bureaucratic
pragmatism.26
Thus, it can be concluded that ethical responsibility plays a role not only
as a personal moral value but also as the main foundation for forming OCB within
the Prosecutor's Office. Apparatus with a deep ethical awareness will find it easier
to show positive organizational behavior, be service-oriented, and resist
corruption or irregularities. Therefore, strengthening ethics should not be

24 Zaid, Personal Interview.

25 S. Pantja Djati, “Variabel Anteseden Organizational Citizenship Behavior (OCB) Dan
Pengaruhnya Terhadap Service Quality Pada Perguruan Tinggi Swasta Di Surabaya,” Jurnal
Aplikasi Manajemen 7, no. 3 (2009), https://jurnaljam.ub.ac.id/index.php/jam/article/view/551.
26 Syamsul Hadi et al., “The Impact of Islamic Work Ethics and Organizational Justice on
Organizational Citizenship Behavior: The Mediating Role of Organizational Commitment,” AlIqtishad: Jurnal Ilmu Ekonomi Syariah 15, no. 2 (December 31, 2023),
https://journal.uinjkt.ac.id/index.php/iqtishad/article/view/33375.

572 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

considered a secondary issue, but rather a core in developing human resources
with integrity in law enforcement agencies.
Table: The Relationship between Ethical Responsibility and the OCB
Dimension in the Prosecutor's Office
OCB Dimensions

Behavioral
Indicators

Supportive
Forms of
Ethical
Responsibility
Moral
commitment to
cooperation

Altruism (Social
Concern)

Help colleagues
complete tasks

Conscientiousness

Getting the job
done beyond
formal demands

Integrity,
discipline, and a
sense of
responsibility

Civic Virtue

Active in
institutional
activities and
maintaining the
institution's image

Concern for
organizational
sustainability

Courtesy

Prevent conflicts
with colleagues
through good
communication

Sportsmanship

Not complaining
despite facing
difficult working
conditions

Politeness,
empathy, and
interpersonal
ethical
awareness
Steadfastness in
principle and
sincerity of
work

Examples of
Real Practices in
the Prosecutor's
Office
Prosecutor
helps colleagues
draft serious
case claims
without being
asked
Voluntary
overtime to
catch up with
the deadline for
resolving the
case
Participate in
legal
socialization in
the community
even outside
working hours.
Avoid abusive
language when
disagreeing in a
meeting
No protest
despite high
workload due to
lack of
personnel

Source: Author's interpretation
The Relationship of Ethical Responsibility and Organizational Citizenship
Behavior (OCB) Perspectives on Positive Law and Islamic Law
In Indonesia's positive legal perspective, the ethical responsibilities of
state apparatus, including within the Prosecutor's Office, are regulated

Windhu Sugiarto: Strengthening Ethical ….| 573

normatively in various regulations emphasizing the importance of integrity,
accountability, and professionalism. Law Number 5 of 2014 concerning the State
Civil Apparatus (ASN), especially Article 3, outlines the basic values of ASN,
which include, among others: upholding the ideology of Pancasila, being loyal and
obedient to the 1945 Constitution, and upholding public ethical standards and
professional responsibility.27 These values are the legal basis for shaping the
character of ASN with high professional ethics.28 However, implementing these
values in everyday practice is often formalistic, relying on instruments of
supervision, rather than an ethical awareness that grows from within.
Government Regulation 94 of 2021 concerning Civil Servant Discipline
strengthens this legal framework by regulating disciplinary sanctions for various
violations, ranging from verbal warnings to dishonorable dismissal. Article 3 of
this PP details the obligations of ASN, such as carrying out duties honestly,
responsibly, and with high integrity. Although this regulation is important as a
control tool, he emphasizes a repressive approach focusing on the deterrent
effect. Ethical behavior is not stimulated through awareness coaching, but
through the threat of administrative punishment. Thus, this legal arrangement
functions as an external controller, not an internal morality.29
In the positive legal paradigm, administrative sanctions are the main tool
for behavior formation.30 Civil servants tend to avoid violations for fear of
punishment, not because of the awareness that the behavior is morally wrong.
This leads to the emergence of a textual regulatory work culture, but not
necessarily accompanied by consistent integrity in every aspect of work. Ethical
responsibility in this framework is reactive, waiting for violations and then acting
upon them. This model is less effective in forming a proactive and sustainable
ethical culture.31 One of the drawbacks of the positive legal approach is its reliance
on formal control mechanisms, such as oversight, reporting, and auditing. In fact,
27 Lilis Yuaningsih, "The Application of Discipline in Improving the Performance of
Employees of the Bandung City Education and Training Personnel Agency," Journal of Social
Sciences Insensif, April 29, 2020, 77–85, https://doi.org/10.36787/jsi.v3i1.224.
28 Ahmad Sulchan and Muchamad Gibson Ghani, “Mekanisme Penuntutan Jaksa Penuntut
Umum terhadap Tindak Pidana Anak,” Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam 1, no. 1
(December 30, 2017): 110–33, https://doi.org/10.30659/jua.v1i1.2218.
29 Vicky Lawere, Sofia Pangemanan, and Josef Kairupan, “Evaluasi Kebijakan Disiplin
Pegawai Negeri Sipil Melalui Presensi Sistem Sidik Jari,” JURNAL EKSEKUTIF 3, no. 3 (July 10,
2019), https://ejournal.unsrat.ac.id/v3/index.php/jurnaleksekutif/article/view/23858.
30 Suparto Wijoyo, “Merekonstruksi Good Corporate Governance Dalam Rangka
Mewujudkan Indonesia Incorporated Sebagai Negara Kesejahteraan (Perspektif RegulasiDeregulasi-Reregulasi Model Jatimnomic),” Airlangga Development Journal, 2022,
https://scholar.unair.ac.id/en/publications/merekonstruksi-good-corporate-governance-dalamrangka-mewujudkan-.
31 Serafina Shinta Dewi, “Pengaturan Disiplin PNS dalam Peraturan Pemerintah Nomor
94 Tahun 2021 tentang Disiplin PNS,” WICARANA 1, no. 2 (September 28, 2022): 105–18,
https://doi.org/10.57123/wicarana.v1i2.22.

574 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

integrity cannot be built with regulations alone in law enforcement institutions
such as the Prosecutor's Office, which plays a vital role in public justice. Many
cases show that despite strict rules, deviations still occur when moral values are
not firmly embedded in the apparatus. This indicates that ethical responsibility is
not enough to be regulated, but must also be instilled and made part of the
organization's culture.
Nonetheless, positive law cannot be ignored. It remains important to
create minimum ethical standards and guarantee legal certainty.32 In the context
of civil servants, formal regulations provide a uniform framework for managing
work discipline and employee behavior. However, its effectiveness depends
largely on how much the individual internalizes the rules as part of a personal
value system, not just as an administrative obligation.33 Thus, strengthening ethical
responsibility in institutions such as the Prosecutor's Office needs to be
accompanied by a holistic approach, which relies on positive law and ethical
education, spirituality coaching, and leadership examples. This effort aims to
encourage the growth of internal ethics that encourage the apparatus to act with
integrity, honesty, and fairness, even beyond the spotlight of formal law. Because
in the end, the success of bureaucratic reform and law enforcement depends
heavily on the quality of the personal ethics of its implementers, not only on the
completeness of the legal system.
In contrast, in Islam, ethical responsibility is not just a matter of obedience
to rules, but an integral part of faith and piety. Work ethic is not separated from
worship, but is part of worship itself. This is in line with the hadith of the Prophet
PBUH: "Indeed, Allah loves if one of you does a work, he does it with Itqan
(earnestly)." (HR. Thabrani). This hadith affirms that professional responsibility
is part of a concrete expression of faith. The concept of trust in Islam is the
foundation of ethical responsibility. The Qur'an states: "Indeed, Allah has
commanded you to entrust to those who are entitled to receive it..." (QS. AnNisa: 58). This verse emphasizes that duties and positions are mandates that must
be carried out honestly and responsibly. In the context of the Prosecutor's Office,
this includes fairness in deciding cases, being free from conflicts of interest, and
not abusing authority for personal or group interests.34

32 Sambari Halim Radianto et al., “Analysis on the Implementation of Goods/Services

Procurement Electronically at District Government Gresik,” International Journal of Advanced Science
and Technology 29, no. 6s (2020): 559–68.
33 Ahmad Rosandi Sakir, “Analisis Disiplin Kerja Pegawai Negeri Sipil Pada Kantor
Kecamatan Nusaniwe Kota Ambon,” Jurnal Administrasi Publik dan Bisnis 6, no. 1 (March 30, 2024):
116–24, https://doi.org/10.36917/japabis.v6i1.117.
34 Zaid Oqla Alqhaiwi, Timothy Bednall, and Eva Kyndt, “Excellence in Leadership in the
Arab World: Islamic Principles and Tribal Values. Evidence from Jordan,” International Journal of
Cross
Cultural
Management
23,
no.
3
(December
2023):
613–34,
https://doi.org/10.1177/14705958231212742.

Windhu Sugiarto: Strengthening Ethical ….| 575

In addition to trust, the value of ‘Adl' (justice) is also the main principle.
Allah SWT said: "O you who believe! Be the enforcers of justice for the sake of
Allah, being a righteous witness. And do not hate a race that makes you unjust.
Be just, because justice is closer to piety." (QS. Al-Ma'idah: 8). This verse demands
that justice should be upheld even against enemies. Thus, in Islam, ethical
responsibility contains an element of moral courage to maintain justice above all
interests. The value of sincerity is also an important element in forming OCB
from an Islamic perspective. OCB is not seen solely as a form of additional work
or institutional loyalty, but as 'charity of righteousness done for the sake of Allah.
This is affirmed in QS. Al-Bayyinah: 5, "They are only commanded to worship
Allah sincerely, obeying Him in the righteous religion..." Sincerity is a spiritual
motivator that makes positive behavior part of deep social righteousness.35
In the context of Organizational Citizenship Behavior, Islam provides a
deep framework of values: help-help (Ta’awun), Ukhuwah, Amanah, and Itqan.
Employees who work based on these values contribute to their core duties and
take the initiative to help colleagues, maintain the institution's reputation, and
make performance improvements. As mentioned in QS. Al-Maidah: 2: "Help
yourselves in virtue and piety, and do not help each other in sin and enmity."
Thus, the approach of Islamic law to professional ethics is transcendental,
because it makes God the main supervisor (Muraqabah). This is in contrast to a
positive legal approach that relies on a system of external supervision and
administrative sanctions. In Islam, positive behavior continues even when no
boss is looking, because of the belief that Allah is All-Knowing. This encourages
solid integrity, as affirmed in QS. Al-Hadid: 4: "And He is with you wherever you
are. And Allah is All-Seeing of what you do."
Integrating positive and Islamic laws can create a more comprehensive
and meaningful human resource development system. Positive laws govern
structures and mechanisms, while Islam strengthens intentions, character, and
motivations. This coaching model produces employees who obey the rules, have
integrity, social spirit, and can act morally proactive. OCB in this context
represents individual piety and social contribution based on faith.36 These findings
show that revitalizing Islamic values in developing the Prosecutor's Office
apparatus is urgently needed. While many ethical challenges and political
pressures are present in law enforcement, Islamic values such as trust, sincerity,
and fairness become a moral shield that protects the integrity of employees. A
coaching program combining Sharia understanding, spiritual training, and
35 Ratna K and Hasyim Haddade, “AL-QUR’AN INSIGHTS ON WORK ETHICS,”
TAFASIR: Journal of Quranic Studies 2, no. 1 (June 28, 2024): 44–69,
https://doi.org/10.62376/tafasir.v2i1.26.
36 Achmad Robita, Fauzi Fauzi, and Dakir Dakir, “Transformation of Quality Culture in
Improving the Quality of Islamic Education Institutions,” International Journal of Education, Culture,
and Society 3, no. 2 (April 14, 2025): 454–73, https://doi.org/10.58578/ijecs.v3i2.5397.

576 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

Qur'anic leadership examples will create an efficient bureaucratic system and
rahmatan lil' alamin. Finally, this research confirms that forming ethical
responsibility and OCB within the Prosecutor's Office will be much stronger if it
is built on the foundation of Islamic values. Islam does not separate ethics from
worship, and does not separate work from morality. When these values are lived
in the daily lives of law enforcement officials, justice is not only a duty, but also a
call to the soul and a path to the pleasure of Allah SWT.
Comparison Table: Positive Legal Approach vs Islamic Values in the
Formation of Ethics of the Prosecutor's Office
Aspects

Positive Law (UU & PP)

Islamic Values (Qur'an &
Hadith)

Legal Basis /
Evidence

- Law No. 5 of 2014
concerning ASN Article 3 PP No. 94 of 2021 Article 3

Ethical Focus

Compliance with formal
regulations, administrative
discipline, and
professionalism
Fear of administrative
sanctions/punishment

-QS. An-Nisa: 58 (Amanah)QS. Al-Maidah: 8 (Just)- QS.
Al-Bayyinah: 5 (Sincere)HR. Thabrani (Itqan)
Faith and piety; Righteous
Charity in Carrying Out
Duties

Ethical
Behavior
Motivation
Surveillance
Instruments
Excess

External: written rules,
supervisory supervision,
administrative sanctions
Ensure legal certainty and
uniformity of conduct;
Forming a formal discipline.

Deficiency

Tends to be normative and
repressive; Ethics Become
Reactive, Not Proactive.

Example of
Key Values

Integrity, accountability,
discipline, professionalism

Destination

Legal compliance,
administrative efficiency

Muraqabah (awareness of
Allah's supervision), sincere
intentions, and trust
Internal: inner awareness,
intention because of Allah,
personal moral values
Build true integrity; forming
work ethics as worship;
encourage proactive
contribution (OCB)
It requires constant spiritual
formation; It is ineffective if
it is only normative without a
deep understanding of faith.
Amanah, ‘Adl (justice), Itqan
(earnest work), Sincerity,
Ta’awun (cooperation),
Muraqabah
God's Grace, Social Justice,
Substantive Justice

Windhu Sugiarto: Strengthening Ethical ….| 577

Impact on
OCB

Appears if there is a formal
prompting or instruction;
Passive

Ideal Model of Technical training and
Construction
staffing discipline

OCB grows out of moral
awareness and faith; Active
contribution, oriented, and
social piety
Character building, Islamic
ethics training, Qur'anic
leadership examples, spiritual
development, and integration
with the bureaucratic
management system

Source: Author's Interpretation
The table illustrates the fundamental difference between positive legal
approaches and Islamic values in shaping ethical responsibility and work behavior
(OCB) within the Prosecutor's Office. In a positive legal approach, work ethics
are emphasized through formal regulations such as the ASN Law and
Government Regulations on Civil Servant Discipline. This system relies on
external instruments such as administrative sanctions, supervisory supervision,
and written regulations. While effective in shaping formal discipline and
compliance, this approach tends to result in a reactive and textual work culture,
with the primary motivation to avoid punishment, rather than an intrinsic moral
impulse.
In contrast, the Islamic approach emphasizes ethics based on faith, piety,
and spiritual awareness. Values such as trust and sincerity, ‘Adl (justice), and Itqan
(earnest work) become the foundation of ethical behavior, not merely as an
administrative obligation, but as part of worship and social piety. Supervision does
not depend on superiors, but on Muraqabah (the awareness that Allah is always
watching). This approach encourages a proactive OCB that grows out of a clean
heart and sincere intentions, not due to regulatory pressures. Therefore,
integrating the two the positive legal structure and transcendental values of Islam
can produce a law-abiding Prosecutor's Office with high spiritual and social
integrity.
Conclusion
This research reveals that ethical responsibility is central to shaping
Organizational Citizenship Behavior (OCB) within law enforcement agencies,
particularly in the Prosecutor's Office. Ethical responsibility not only arises as a
consequence of formal regulations, but also grows from the moral awareness and
personal integrity of individual officers. In practice, a strong sense of ethical
responsibility motivates prosecutors to be proactive, selflessly assist colleagues,
maintain the institution’s image, and perform their duties fairly and professionally
often beyond the normative demands of their formal roles. The findings of this
study also indicate that the relationship between ethical responsibility and OCB

578 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

cannot be fully understood through a single lens. Positive legal approaches offer
a normative and structural foundation for ethical conduct, but tend to be limited
to compliance and sanctions. In contrast, the perspective of Islamic law enriches
the understanding of ethical responsibility as an act of worship and spiritual
devotion, positioning OCB as an embodiment of noble values such as trust
(amānah), sincerity (ikhlāṣ), and justice (‘Adl). The integration of these two
perspectives provides a more holistic and contextual conceptual foundation for
understanding professional ethics within law enforcement agencies. Theoretically,
this research contributes to the field of organizational ethics by offering an
integrative framework that blends modern organizational theory with Islamic
ethical principles. Practically, the findings serve as a strategic reference for
developing human resource systems within the Prosecutor’s Office that are not
only grounded in legal norms, but also anchored in moral and spiritual values
relevant to Indonesian sociocultural realities.
Thus, the study emphasizes the urgency of strengthening ethical
responsibility as a core foundation for cultivating a work culture grounded in
moral excellence, professionalism, and justice. Reforming law enforcement
institutions requires more than structural changes it must also address deeper
dimensions of values and character in order to sustainably build public trust in
the law. However, this study has several limitations. The scope of analysis is
focused on the Prosecutor's Office in a specific legal-cultural context, which may
not fully represent the diversity of practices and ethical orientations in other law
enforcement agencies or regions. Moreover, the qualitative approach, while rich
in depth, limits the generalizability of the findings across broader institutional
settings. Future research is recommended to explore similar themes using
comparative methods across multiple legal institutions or jurisdictions, possibly
incorporating quantitative analysis to measure the correlation between ethical
responsibility and OCB indicators. Additionally, future studies could investigate
how ethical leadership, organizational climate, and policy design influence the
internalization of ethical values in public institutions from both secular and
religious-ethical frameworks.
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