Civil Liability of Municipalities, Resulting from Omission of Action in Urban Services

A municipality is a public non-governmental institution that has also become responsible before the law due to the powers and duties entrusted to it by law; Therefore, the legal duties that municipalities undertake in line with their duties will have the ability to apply the law or judicial action. The civil liability of municipalities is subject to the rules that are defined for other persons, but the omission of actions by municipalities is specifically related to the type of organized activity of this non-governmental institution. This research was conducted in a theoretical manner and with a descriptive-analytical method. The research data collection method was library-based and was compiled by referring to documents; books and articles. The results of the research showed that the liability of municipalities is subject to article 11 of the civil liability law; However, determining the type and estimating the amount of damage, as well as the role of each organizational level of this institution against omission of action, has not been properly specified and is not subject to a reliable procedure. This issue becomes more complicated when multiple contractors cooperating with the municipality also join the scope of civil liability of municipalities. Ultimately, it seems that the municipality is immune from damages resulting from the exercise of its sovereignty and is exempt from paying damages. Other lawyers believe that in addition to the aspect of exercising sovereignty, the necessity of omission of action must be proven to the judge, otherwise, they will not be exempt from applying the law and compensating for damages simply by exercising sovereignty.