Abstract

The act of Clearing plantation land in state-protected forest areas is a form of forest destruction that is still rife. This study aims to explore legal cases of plantation crimes committed by individuals in limited production forest areas without permission from the authorities. The legal case has been decided with permanent legal force by the East Malili Luwu District Court. This study uses research and development (research and development) methods through several procedures and dissected using scientific-based analysis. The results of the study show that the District Court judges received evidence and evidence during the course of the case. The tendency of judges to decide cases involving criminal acts committed by defendants is based on evidence that has the potential to damage limited production forest areas and without permits. The response and attitude of the defendant who tends to be cooperative during the trial until the reading of the verdict leads the judge to give a decision by prioritizing the aspect of legal justice rather than legal certainty because if the tendency of the judge's decision to be in the aspect of legal certainty then it is certain that the criminal sanctions received by the defendant are heavier so that the aspect of legal justice becomes the judge's priority with less criminal sanctions.