| Summary: | This research primarily aims to: (1) to reveal some aspects that underlie the appointment of Mayor of Manado, and (2) to seek for some detailed information on the legality aspect from this appointment and its impact for the function of goverment in Manado.
Research on the legality in the appointment process of the mayor of Manado and its impact employs normative-empirical method. Research of normative laws is based on document, journal of legal studies, positive laws or order references which become secondary data. The closeness intensity and relevance becomes the basic principle in determining the criterion of particular data such as primary, secondary and tertiary law material. Empirical research is seen through the discussion of fact happened in Manado related to the appointment of local authorities and its impact of the course of goverment system in Manado.
The result of research shows that to anticipate the absence of government leaders in Manado and to make sure that the function of goverment in Manado can be well-implemented. North Sulawesi Governor as the Mayor of Manado stipulated in Minister of Internal Affairs' Decision Letter no 132.71-548/2009 is a violation on Law no 23/2004 and goverment Regulation no 6/2005. Those regulation are the most important principle in a unitary state which gives an impact that the appointment of governor as the mayor of Manado is invalid. The mechanism of local authorities appointment begins when President appoints Governor as the subtitutor based on the proposal from Minister of Internal Affair. Accordingly, Mayor/Regent is appointed based on the proposal from the governor by considering local representative's opinion. The candidate is taken from Civel Servant having esperiences on governmental field, which is proved by the position history and sit on echelon 1 structural position with the rank is at least IV/c for Governor's officer and echelon II with rank is at least IV/b for Regent/Mayor and having good scores on the job assessment list at least for the last three years.
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