The enactment of Law Number 4 of 2009 concerning Mineral and Coal Mining (Minerba Law) is a momentum for fundamental changes in the implementation of mineral and coal mining business activities in Indonesia. The most fundamental regulation contained in the Minerba Law from the previous arrangement in Law Number 11 of 1967 concerning Basic Provisions for Mining and Contract of Work / Coal Mining Concession Work Agreement (KK / PKP2B) becomes special mining business permits (IUPK). PT.Freeport's contract of work does not reflect Article 33 of the 1945 Constitution due to insufficient state revenue, the change in operational status of PT. Freeport from KK to IUPK is a form of actual implementation of Article 33 of the 1945 Constitution, namely control of Natural Resources by the State for the welfare of all levels of society. The birth of the IUPK guarantees state revenue through taxes, royalties, PBB, and Freeport's obligation to divest and build a smelter. Changing the KK into an IUPK has its own impact on the country. With the conversion of the COW to an IUPK, the government's position is "higher" because it acts as the party that gives mining companies permission to carry out mining activities.