"Indonesian Journal of Environmental Law and Sustainable Development "
Vol. 4 No. 2 (2025): July-December, 2025

Impossibility of Performance in Environmental Contracts: A Case Study of the Merapi Volcano Eruption and Its Impact on Contractual Obligations

Admiral, Admiral (Unknown)
Adinda, Fadhel Arjuna (Unknown)
Hamzah , Rosyidi (Unknown)
Maisa, Maisa (Unknown)
Arifin, Ridwan (Unknown)



Article Info

Publish Date
30 Dec 2025

Abstract

This paper examines the application of the doctrine of impossibility of performance in the context of environmental contracts in Indonesia, using the 2010 Merapi volcano eruption as a case study. The eruption, one of the most significant in recent decades, caused widespread destruction to infrastructure, agriculture, and local communities in Central Java. The paper investigates how businesses and government entities, bound by contractual obligations related to the affected regions—particularly in agriculture, tourism, and infrastructure—dealt with their inability to fulfill performance due to the eruption’s catastrophic consequences. Through an analysis of specific contracts and the invocation of force majeure and impossibility of performance clauses, this research seeks to understand how these legal doctrines were applied or misapplied, and whether they provided adequate relief or recourse for affected parties. The paper also explores the balance between contractual freedom and public interest in the face of natural disasters, considering the impact on long-term environmental recovery and business continuity. By analyzing case studies from key industries such as agriculture and tourism, the paper contributes to a deeper understanding of how environmental disasters challenge the enforcement of contractual obligations. It offers recommendations for adapting  Indonesian contract law to better address environmental risks and unforeseen natural events, ensuring more robust protections for businesses and affected communities. This research contributes to the ongoing dialogue on improving the resilience of environmental contracts in the face of unpredictable natural phenomena.

Copyrights © 2025






Journal Info

Abbrev

ijel

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Indonesian Journal of Environmental Law and Sustainable Development (ISSN Online 2829-9590 ISSN Print 2829-9582) is an open access double-blind peer-reviewed journal published by the Faculty of Law, Universitas Negeri Semarang and managed by Conservation Studies Center Faculty of Law Universitas ...