T The criminal offense of premeditated aggravated assault is a form of crime against the person that can result in permanent disability, loss of limb function, or serious health impairment, although it is not always intended to cause the victim’s death. the research problem in this study is to determine the basis for the judge’s selection of the applicable provision in judgment no. 21/pid.b/2025/pn.sbg regarding premeditated aggravated assault as defined in article 354(1) of the criminal code (kuhp), and whether the judge’s reasoning in that judgment was consistent with the provisions of article 354(1) of the criminal code (kuhp). this study aims to identify the basis for the judge’s determination of the applicable provision and to assess the consistency of the judge’s reasoning in judgment no. 21/pid.b/2025/pn.sbg. this study is a normative legal study with a descriptive nature. the data used consists of secondary data supported by primary data. data collection was conducted through a literature review and then analyzed qualitatively. conclusions were drawn deductively. the research findings indicate that the root of the problem in determining which article the judge applies lies in differing interpretations regarding the defendant’s actual intent or purpose when committing the act. the panel of judges ruled that the defendant’s actions met the elements of attempted murder as defined in article 338 in conjunction with article 53(1) of the criminal code, whereas, based on the trial evidence, the evidence presented, and the consequences suffered by the victim, the researcher argues that the defendant’s actions are more appropriately classified as aggravated assault under article 354(1) of the criminal code. the analysis shows that the elements of “any person,” “intentionally,” and “causing serious injury to another person” have been met and are supported by the medical examination report (visum et repertum), which proves the presence of serious injuries on the victim.