Thus, in accordance with the provisions of the legislation above, the court authorized to try the case is the court within the military court environment, namely the Military Court, because the Defendant is a member of the TNI with the rank of Serka (Chief Sergeant).

Article 40 letter (a) of Law Number 31 of 1997 concerning Military Courts: The Military Court examines and decides at the first level criminal cases in which the Defendant is a Soldier with the rank of Captain and below.

Judge's Considerations in Decision Number 22-K/PM.III-13/AU/VI/2020

In the judge's considerations, it was stated that the actions of TNI members who control and store ammunition and explosive materials violate Article 1 paragraph (1) of the Emergency Law of the Republic of Indonesia Number 12 of 1951, which reads: “Anyone who without right imports into Indonesia, makes, receives, attempts to obtain, hands over or attempts to hand over, controls, carries, possesses in his possession or has in his ownership, stores, hides, ammunition or explosive materials”.

What is meant by anyone is a legal subject (person), as referred to in Articles 2 to 9 of the Criminal Code, in this case all people who are Indonesian citizens and foreign citizens, including members of the TNI and must be able to take responsibility for the actions they take.

The second element stated that the actions of TNI members taking and storing ammunition, explosives and other military equipment from the Yonko 463 Paskhas unit were actions that were against the law and dangerous because the TNI members guarding the ammunition warehouse did not have the authority to take and store ammunition, explosives and other military equipment to be owned privately without permission from the authorized official.

According to criminal law, the elements of a crime consist of subjective and objective elements. Subjective element is an element that comes from within the perpetrator. The principle of criminal law states “no crime without fault”. The fault referred to here is a fault caused by intent or negligence. In this case, it is emphasized that the nature of the TNI member's actions was intentional, taking advantage of his position to take a number of ammunition and explosives from Yonko 463 during training for personal gain.

Meanwhile, the objective element is an element from outside the perpetrator consisting of: human actions, the consequences of human actions, circumstances, and elements against the law. In this case, the consequences of the TNI member's actions were detrimental to Yonko 463 Paskhas because they had to lose a number of ammunition and explosives during training and had the potential to disrupt the training program organized by the Yonko 463 Paskhas Unit.