TINJAUAN PELAKSANAAN KETENTUAN PIDANA UNDANGUNDANG NOMOR 35 TAHUN 2009 TERHADAP PENYALAHGUNAAN MAGIC MUSHROOM
Narcotic is substance or drug derived from plants or not plants, whether synthesis \nand semisynthesis, that can cause to drop or change consciousness, loss of sense, \nreduce to losing painfull and may inflict dependence distinguished into classesclasses \nas attached in this legislation. One example of phenomenon that now has \npotential as a serious problem which must be examined and dealt with the issue be \nsolved, is widespread abuse of magic mushroom which according to Act No. 35 \nof 2009 is the one that is included in the list of narcotic group I, namely substance \ngroup of psilosibin where the content of these substances exist in the magic \nmushroom or psilocybin mushroom. Magic mushroom is a psychedelic mushroom \nspecies, commonly called gold caps, golden tops, cubes, purple rings or boomers. \nIn Indonesia the knowledge of this fungus as a cow dung fungus which this \nfungus belong to the genus psilocybe. Mushroom Psilocybe Cubensis or cow dung \nfungus can be found throughout South America, Asia, Europe and Australia. \nPsilocybe Cubensis is a type of fungus that grows and lives above the suface of \nthe dung breed like cows, buffaloes, bulls and others. This fungus can grow in any \nclimate, in the mountins or at the edge of sea. From an understanding of criminal \nprovisions and rules according to Act No. 35 of 2009 about narcotics group I \nabove, has been very clearly mentioned that the magic mushroom as narcotics \ngroup I in the form of the plant should not be misused with the left free to be sold \nor produced, distributed and consumed by the public at large. This fungus is not \nthe usual type of mushrooms that are fit to be consumed, but rather a fungus that \ncan cause hallucinations. It should not need to doubt any longer that all the rules \nabout the crime that exists in Act No. 35 of 2009 is a crime. The most \nfundamental reason is the narcotic drugs should only be used for the treatment and \nthe importance of science, then when there is an act outside those interests should \nbe a crime.