https://jurnal.fh.umi.ac.id/index.php/ishlah <p><em><strong>Al-Ishlah: Jurnal Ilmiah Hukum</strong></em> is a scientific publication published every <strong>December – May</strong> and <strong>June – November</strong>. The published article is the result of selection with a <em>double-blind review system</em>. <em><strong>Al-Ishlah: Jurnal Ilmiah Hukum</strong></em> accepts manuscripts in the form of empirical research results, doctrinal studies, conceptual ideas, and book reviews relevant to the Legal Studies Discipline. In addition, the Editor of <em><strong>Al-Ishlah: Jurnal Ilmiah Hukum</strong></em>&nbsp;processes manuscripts that have never been published before.</p> Fakultas Hukum, Universitas Muslim Indonesia en-US Al-Ishlah: Jurnal Ilmiah Hukum 1410-9328 https://jurnal.fh.umi.ac.id/index.php/ishlah/article/view/v28n1-1 <p><em>This research aims to analyze Decision Number 604/Pid.B/LH/2023/PN Rhl regarding environmental crimes due to negligence in plantation activities within permanent production forest areas without a business permit. This normative legal research employs a statute approach and a case study. Data analysis uses a qualitative content analysis to describe the issues and answer the research objectives. The research results indicate that the prosecution of Defendant Turiono with alternative indictments in Decision Number 604/Pid.B/LH/2023/PN Rhl highlights the legal complexities of illegal plantations in permanent production forests. The first and second indictments were deemed inappropriate because they did not correspond to the facts and context of the case, particularly regarding the Defendant’s status as a wage labourer and the absence of mens rea. The Panel of Judges’ decision to apply Article 99 section (1) of Law Number 32 of 2009, with the element of negligence (culpa) and the principle of strict liability, was considered more appropriate, strengthening the protection of public interests and the prevention of environmental damage. This decision sets an important precedent by emphasizing the importance of considering the context and role of the perpetrator in environmental law enforcement, as well as its implications for preventing environmental crimes through permit verification and more systematic risk assessment.</em></p> Juli Handoko Sriono Sriono Nimrot Siahaan Copyright (c) 2024 Juli Handoko, Sriono Sriono, Nimrot Siahaan https://creativecommons.org/licenses/by/4.0 2024-12-19 2024-12-19 28 1 1 14 10.56087/aijih.v28i1.528 https://jurnal.fh.umi.ac.id/index.php/ishlah/article/view/v28n1-2 <p><em>This research aims to analyze judicial discretion in sentencing perpetrators of aggravated assault resulting in serious bodily injury. The research method employed is normative legal research with a statute approach and a case study approach, which is analyzed qualitatively through content analysis. The results show that the defendant was charged alternatively with a primary indictment of attempted murder, a subsidiary indictment of aggravated assault resulting in serious bodily injury, and a lesser subsidiary indictment of simple assault. The charges by the Public Prosecutor were in line with the subsidiary indictment of aggravated assault resulting in serious bodily injury as supported by the Visum et Repertum. Conversely, the judge’s verdict, based on the lesser subsidiary indictment of simple assault, emphasizes judicial discretion. Judicial discretion is an effort to balance the enforcement of positive law and the achievement of substantive justice by considering the values that live in society (living law). The decision reflects the struggle between formal legality and contextual substantive justice. Therefore, more precise guidelines are needed regarding the limits and parameters of judicial discretion, especially in cases that intersect with living law. Improving the quality of the Visum et Repertum and strengthening judges’ capacity to understand living law are also important to strive for in order to achieve a responsive and just judicial system.</em></p> Ferdiansyah Ferdiansyah Kusno Kusno Ahmad Ansyari Siregar Copyright (c) 2024 Ferdiansyah Ferdiansyah, Kusno Kusno, Ahmad Ansyari Siregar https://creativecommons.org/licenses/by/4.0 2024-12-19 2024-12-19 28 1 15 28 10.56087/aijih.v28i1.529