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Abstract Topic: Administratif Law

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Application of Law Towards Disclaimer of Diphtheria Immunization
Yenny Purnama (a*), M. Nasser (b), Moh. Hatta (b)

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Corresponding Author
Yenny Purnama

Institutions
Faculty of Law, Borobudur University

Abstract
Diphtheria is a disease that is very contagious and provides low immunity. Very effective prevention is by immunizing Diphtheria, to increase immunity to this disease. If prevention is not carried out properly, it can lead to Extraordinary Events, as happened in 2017 in Indonesia. Handling Extraordinary Events that are not successful can result in Outbreaks. The impact of an outbreak can harm individuals, communities, nations nationally and internationally. Refusal of immunization and anti-vaccine movements can risk thwarting the prevention of Diphtheria. As a result, the disease of Diphtheria that is not there, reappeared. Some countries have implemented strict sanctions against denial of immunization: Prison (Pakistan), Prohibited schools (Italy), Fines (Germany), and Cut allowances (Australia). Rejection of immunization in Indonesia has not yet been given strict sanctions, even though Extraordinary Events have occurred. The legal immunization is mandatory as mandated in Law 36 of 2009 concerning Health Article 130: The government is obliged to provide complete immunization to every baby and child. And is the basic right of every child as stated in article 132 paragraph 3: Every child has the right to receive basic immunization in accordance with the applicable provisions to prevent the occurrence of diseases that can be avoided through immunization. In chapter XA of the 1945 Constitution concerning Human Rights, Article 28B paragraph 2: Every child has the right to survival, to grow and develop and has the right to protection from violence and discrimination. To be able to grow optimally, a child needs immunization. If a child does not get immunized, it can be interpreted that the child cannot grow optimally (neglect of children), this is contrary to Law No. 23 of 2002 concerning Child Protection article 77 and can be punished according to the article. In addition to the above article, it can be threatened with revocation of custody according to Law No. 4 of 1979 concerning Child Welfare. And can be threatened according to Law No. 4 of 1984 concerning Outbreaks of Infectious Diseases, because one of the outbreak prevention efforts is prevention and immunization (immunization).

Keywords
Immunization, Human Rights, Neglect of Children, Diphtheria

Topic
Administratif Law

Link: https://ifory.id/abstract/nght4jwZpeRr


CODE OF ETHICS FOR ORGANIZERS OF SIMULTANEOUS GENERAL ELECTIONS IN 2019
Idham (a*) Martina Malle (b)

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Corresponding Author
idham manaf

Institutions
FACULTY OF LAW
UNIVERSItY SANG BUMI RUWA JURAI
JLN. IMAM BONJOL NO. 468 BANDAR LAMPUNG

Abstract
Law is a unitary system consisting of institutional elements, legal principles and behavior of legal subjects who carry the rights and obligations determined by the norms of the rule. As a support for the functioning of the legal system, an ethical system in state institutions that is positively enforced is needed in the form of a code of ethics in the public sectors, where every state and government sector always has rules and guidelines for the organization and work procedures that are internal, such as those conducted by the Election Organizers Honor Board (DKPP). Pancasila and the 1945 Constitution as well as sources of constitutional law are also seen as a source of ethics for the organizers of simultaneous elections in 2019, and based on this basis it is expected to improve the negative code of ethics system into a positive code of ethics in every election organizer in Indonesia. The purpose of this study is to provide an understanding of the electoral code of ethics system in Indonesia. This research is normative legal research, with secondary data as the main data. The research method used is literature study, by examining secondary data collected. The results of this study are Pancasila and the 1945 Constitution are seen as a source of ethics for the organizers of simultaneous elections in 2019 which can improve the electoral code of ethics system by making the ideas, principles and values contained in the points of the Pancasila formula and the 1945 Constitution as a reference.

Keywords
Law, code of ethics, KPU, DKPP

Topic
Administratif Law

Link: https://ifory.id/abstract/YNUMkX7ZfTjK


DEVELOPMENT STRATEGY AND GROWTH OF GREEN OPEN SPACE BY THE GOVERNMENT OF SURABAYA CITY
Suryaningsih (a*), Endang Werdiningsih (b), Febry Chrisdanty (c)

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Corresponding Author
Suryaningsih .

Institutions
a) Fakultas Hukum, Universitas Wisnuwardhana, Malang, Indonesia.
*surya.nings[at]yahoo.com
b) Fakultas Keguruan dan Ilmu Pendidika, Universitas Wisnuwardhana, Malang, Indonesia.
c) Fakultas Hukum, Universitas Wisnuwardhana, Malang, Indonesia.

Abstract
The Role of Green Open Space, The existence of Green Open Space in urban areas is very important. If the green open space is not available in an urban area, the economic disaster will be even higher. The development and growth of green open space (RTH) of Surabaya city is needed the right strategy, so it does not cause environmental damage that can reduce the carrying capacity of land in sustaining community life in urban areas, so it is necessary to make efforts to maintain and improve the quality of the environment through the provision of green open space. The city of Surabaya as part of the Autonomous Region has an obligation to balance the citys ecosystems to improve the aesthetics of the city and carry out its duties to continuously improve the quality and quantity of green open space. In balancing city ecosystems, it can be obtained by exploring the potentials that exist in the city of Surabaya, one of which is utilizing the potential in the environmental sector. In accordance with the Law of the Republic of Indonesia Number 32 of 2009, article 57 Concerning Environmental Protection and Management, so that according to the needs greening the city under construction. Before all the land is transformed into multi-story buildings (shophouses, malls, hotels) which will cause the availability of green open space with functions and benefits that are needed by local residents to decrease, until in the end there is no land for the procurement of Green Open Space which is very beneficial for the community . it is a serious concern of the government in managing the city so that it needs a strategy in managing Green Open Space properly in developing cities to support sustainable development carried out by the Government of Surabaya City through the Sanitation Office (Dinas Kebersihan) and Green Open Space

Keywords
Keywords: Development strategy and growth of Green Open Space

Topic
Administratif Law

Link: https://ifory.id/abstract/qCvYdWxkRb3N


ESTABLISHMENT OF THE COMMISSION OF ERADICATION OF CORRUPTION IN THE AREA IN MAINTAINING TRANSITIONAL AUTHORITY OF TAX VOCATIONAL SCHOOL TO REGIONAL GOVERNMENT
Albert Lodewyk Sentosa Siahaan

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Corresponding Author
Albert Lodewyk Sentosa Siahaan

Institutions
Law Faculty, Universitas Pelita Harapan

Abstract
This study aims to eradicate and prevent acts and pracher of corrupt practices not only in the center of the capital but alsa in regional areas, both local and municipal governance. This study uses a type of normative research, namely legal reseach that used secondary data sources, legal theory, book and legislation. The study stetes that regional authority and decentralization are polices that canot be limited, but the authority given due to autonomy and decentralization must be carefully monitored. The Establishment of a corruption Border Comission in Regional is a Policy that can edicate or prevent act of corruption and the establishment of a corruption Eradication commission in a useful area to help the work and burden of the corruption Eradication commision at this time

Keywords
Corruption Commission, Authority, Regional Authonomy, Decentralization

Topic
Administratif Law

Link: https://ifory.id/abstract/A9Mm3GktTa2P


Implementation of Procurement of Goods / Services through E-Procurement at PT Bukit Asam (Persero) Tbk.
Mona Wulandari, Atika, Susiana Kifli

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Corresponding Author
Mona Wulandari

Institutions
Universitas Muhammadiyah Palembang

Abstract
One of the reforms in the field of Government Goods / Services Procurement is actually regulated through Presidential Regulation Number 54 of 2010 which has been revised with Presidential Regulation Number 70 of 2012 concerning Second Amendment to Presidential Regulation Number 54 of 2010 concerning Government Procurement of Goods / Services and Head of Policy Institution Regulations Government Goods and Services Procurement (LKPP) Number 14 of 2012 concerning Technical Guidelines. During this time the auction winners were controlled by certain people / groups that were usually loaded with practices of collusion, corruption and nepotism (KKN). This is clearly contrary to human rights. Thus the optimization and efficiency of state expenditure can be realized immediately. This research was conducted to find out how the procurement of goods / services through an electronic auction (E-Procurement) at PT Bukit Asam (Persero) Tbk. Field research, primary data collection is done by conducting interviews with parties related to this research.

Keywords
e-procurement, procurement of goods / services, implementation

Topic
Administratif Law

Link: https://ifory.id/abstract/FX4hAKQRYvEz


LEGAL ASPECT OF PATIENTS MEDICAL RECORD
Bambang Dwi HS (a), Budiman Gunawan (b), Sukirman (c)

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Corresponding Author
Bambang Dwi Hasto S

Institutions
Faculty of Law
Borobudur University

Abstract
In various cases of health service disputes, medical records have a very important role in the aspect as evidence in court. The better the medical record, the more legal protection will be given to patients, doctors and hospitals. Medical records are often used as a basis for defense / legal protection for doctors. Medical records are files containing records and documents about patients identities, examination result, treatment program and other medical measures in health care facilities. Legal problems often arise that are directly related to the management / treatment of their Medical Record. The value of Medical Record are called as "ALFRED VALUES" which is interpreted: Adrministrative value, Legal value, Financial value. Reseach value, Eduvation value and Documentation value. Medical record can function as a legal document, namely as a valuable evidence as an expert witness but its depend on judge decision. Sometimes, Medical Record can be use as a key witness to dispute resolution in health services both in hospitals and in individual clinics. Medical record can be used as a basic data to prove the presence or absence of errors. The position of the medical record is very dependent on the judges judgment. The judge greatly determines the relevance and position of the medical record at the trial. Medical records are also very important for evaluating health services and evaluating staff performance in order to reduce morbidity and prevent mortality.

Keywords
Keywords : Medical Record, Medical disputes

Topic
Administratif Law

Link: https://ifory.id/abstract/2vKQ8LEdHaMc


ORGANIZING THE VILLAGE-OWNED ENTERPRISES (BUMDes) IN THE MANAGEMENT AND DISTRIBUTION OF NON-CASH FOOD AID (BPNT) TO THE VILLAGES ECONOMY
Sarip, Nur Rahman, Abdul Wahid

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Corresponding Author
Sarip Sarip

Institutions
Fakultas Hukum, Universitas Muhammadiyah Cirebon

Abstract
ABSTRACT The issue of Non Food Cash Aid (BPNT) has occurred in managing and distributing to the community of Prosperous Family Card holders (KKS). The government is looking for solutions, to ensure that BPNT programs are implemented consistently and accurately. Practically the BPNT program is considered inconsistent, the quality of rice has decreased, the quantity of rice and egg is experiencing a decrease due to rising food prices. Distribution of BPNT in practice is conducted by community group and Village Owned Enterprise (BUMDes). The fact that the field of goodness is channeled by the community and BUMDes is inconsistent, making the KKS holders more vulnerable. The data were collected in South Kaliwedi Village, Kepandean Village, Indrapatra Village, Guwa Kidul Village, Sidawangi Village, and Cibeureum Village experiencing a decrease in quality and quantity in BPNT. Community groups and BUMDes do not have the authority to manage BPNT funds and only as BPNT distributors. The Trust Law No. 6 Year 2014 provides opportunities for BUMDes to optimize economic development in villages as a form of community economic development. Through field research conducted in several villages, village opportunities for village economics development through BUMDes optimization. Through the comparison method between community groups and BUMDes makes reference to better management of the village economy. The goal is to explore the opportunities of BUMDes, to develop the business, to explore the potential of the peoples economy, and to help improve the economy, both paddy farmers and layers of chicken who are often losers due to unstable prices. The role of BUMDes as a rural business entity is encouraged to improve the welfare of rural communities through economic development. Management and channeling by groups seem to be prospering groups or individuals alone in this case the capital owner. Management and channeling of BPNT has been implemented by BUMDes as a form of rural development from the outskirts and at the same time is a national program of developing villages. The government should provide space for BUMDes in the management and distribution of BPNT to avoid the deviations that occur in the practice of BPNT.

Keywords
Optimization, BUMDes, BPNT, Management, Dispensing.

Topic
Administratif Law

Link: https://ifory.id/abstract/EC9XzAmQkU8B


PHILOSOPHICAL IMPLICATIONS OF EX TUNC AND EX NUNC EXAMINATION IN STATE ADMINISTRATIVE DISPUTES
Untoro and Muhani Jibi

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Corresponding Author
Untoro Untoro

Institutions
FACULTY OF LAW, ISLAMIC UNIVERSITY JAKARTA

Abstract
ABSTRACT Constitutions in all countries can almost be said to reflect the division of legislative, executive, and judicial powers. The idea of the separation of powers is the idea of Monstesquieu who taught the importance of the separation of powers in a country. The State Administrative Court as one of the judicial authorities has the authority to examine the validity of State Administrative Decisions, the object of dispute, which can be tested ex-tunc or ex-nunc. Ex-tunc testing or ex-nunc is done before the judge gives a verdict. This research is doctrinal research with a philosophical approach. The methodology used is qualitative. The first problem that arises is how judges consider to implement ex tunc or ex nunc testing. The second problem, what are the philosophical implications with the implementation of ex tunc or ex nunc testing. The first aim of the study was to analyze the consideration of judges applying ex tunc or ex nunc testing. The second objective is to analyze the philosophical implications of the implementation of ex tunc or ex nunc testing. The results of the study revealed that ex tunc testing meant that testing had begun since the preparation of the formation, the formation process until the publication of the State Administrative Decree. In other words ex tunc testing is retroactive. Ex nunc testing is carried out by paying attention to the things that are happening now by the time the decision has been made and there have been changes in both changes in regulations, conditions and government policies concerning the contents of the Administrative Decision of the State being sued. The philosophical implications are to realize justice and prosperity in the issuance of state administrative decisions.

Keywords
ABSTRACT Constitutions in all countries can almost be said to reflect the division of legislative, executive, and judicial powers. The idea of the separation of powers is the idea of Monstesquieu who taught the importance of the separation of powers in a country. The State Administrative Court as one of the judicial authorities has the authority to examine the validity of State Administrative Decisions, the object of dispute, which can be tested ex-tunc or ex-nunc. Ex-tunc testing or ex-nunc is done before the judge gives a verdict. This research is doctrinal research with a philosophical approach. The methodology used is qualitative. The first problem that arises is how judges consider to implement ex tunc or ex nunc testing. The second problem, what are the philosophical implications with the implementation of ex tunc or ex nunc testing. The first aim of the study was to analyze the consideration of judges applying ex tunc or ex nunc testing. The second objective is to analyze the philosophical implications of the implementation of ex tunc or ex nunc testing. The results of the study revealed that ex tunc testing meant that testing had begun since the preparation of the formation, the formation process until the publication of the State Administrative Decree. In other words ex tunc testing is retroactive. Ex nunc testing is carried out by paying attention to the things that are happening now by the time the decision has been made and there have been changes in both changes in regulations, conditions and government policies concerning the contents of the Administrative Decision of the State being sued. The philosophical implications are to realize justice and prosperity in the issuance of state administrative decisions.

Topic
Administratif Law

Link: https://ifory.id/abstract/dpTLckneNA7B


PHILOSOPHY DIMENSIONS IN MINANGKABAUS PUBLIC COMMUNITY LAW
Wendra Yunaldi

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Corresponding Author
Wendra Yunaldi Yunaldi

Institutions
Faculty of Law, University of Muhammadiyah West Sumatera

Abstract
The study of the Minangkabau indigenous people continues to experience positive developments along with the growing tendency of state accommodation to the legal system that lives in the midst of the archipelago community. But on the other hand, the development of written law with its legislative products often collides with the spirit and spirit of the law contained in society. The philosophical formulation of ibi ius ubi societies where there is a society there is a law, making the dominative positivism tendency to revoke the legal legitimacy of society, even though it does not necessarily turn off the growth and development of the law of society. No matter how strong the state intervenes so that the awareness of the rule of society is organized into written legitisme systems because it is considered more modern, organized, uniform, and easy to implement, instead it becomes a new problem for the growth of the law itself. The awareness and legal spirit that lives in the community has a stronger influence on the compliance, awareness, and constancy of society, rather than the laws produced by the state. The purpose of law is the balance of rights and obligations and the achievement of feelings of satisfaction with the rules themselves so that justice can be created, not merely strengthening the conception of the state of law adopted by the state. For the Minangkabau customary law community that continues to adapt to Indonesian state law, the philosophical backing of Nagari cheating law becomes a fence and is also a barrier between the norms adopted by the community, with which the philosophy of syarak mangato, adaik mamakai confirms that Minangkabau customary law is a dimensionless law vertical and horizontal, down from the norm of divinity and carried out according to humanistic human behavior, which is why he is able to follow the natural tendencies of society. The growth of customary law that is so strong rooted in the Minangkabau indigenous people has to be considered by the state for an autonomous and responsive legal entity because with that the law can safeguard and at the same time organize its society in facing legal dynamics that continue to develop

Keywords
Philosophical Dimensions, Law, Minangkabau Law Society

Topic
Administratif Law

Link: https://ifory.id/abstract/PbV26Khe8F9X


REFORMATION OF THE STATE ADMINISTRATIVE LAW SYSTEM IN INDONESIA
Dr. Teuku Saiful Bahri Johan, S.H., M.H., Otom Mustomi, S.H., M.H and Dr. Hamdan Azhar Siregar, S.H.,M.H.,

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Corresponding Author
teuku saiful bahri

Institutions
Jakarta Islamic University Faculty of Law

Abstract
Reformation of state administration also means reform in the field of state administrative law. Reformation of State Administration Law is a prerequisite in the development of state administration to create Good Governance. In the eyes of state administration, administrative reform is improving a number of legal policies related to structure, processes and management in the fields of finance, supervision, apparatus human resources, accountability and transparency as well as the process of making and implementing policies. To complete this paper, the author uses normative legal (juridical normative) research methods conducted with library research (library research); as well as secondary data obtained from personal experience, and some sources of data obtained based on literature studies, other party research or study documents from primary legal materials such as analyzing laws and regulations relating to State Administration as well as various literature, articles, and magazines relating to the issues raised. The inception of Law Number 30 of 2014 concerning Government Administration (Law No. 30 of 2014) has been significant changes to the State Administrative Court (PTUN) system. From the aspect of legal politics, Law No. 30 of 2014 is intended to build better governance, so that governance in Indonesia becomes more responsive, more perceptive, and accountable; including to create quick responsive public services in solving problems, and there is legal protection for the community and for its apparatus. Therefore, the Scope of the State Administrative Decisions (KTUN) that has the potential to become disputes at PTUN is also increasingly widespread. Especially, the filing of a lawsuit that must immediately get response from both the TUN officials and PTUN, if it is not responded, the lawsuit is deemed accepted. In the case of the TUN Judicial Procedure law, it must also accommodate the development of technology and information, where the claim, summons, and delivery of decisions can be made through electronic media.

Keywords
Law, Administrative Efforts.

Topic
Administratif Law

Link: https://ifory.id/abstract/RMDrHYy9JKnd


THE JURIDICAL ASPECTS OF DANGEROUS COSMETICS CIRCULATION UNDER THE PERCEPTIONS OF CONSUMER LEGAL PROTECTION IN INDONESIA
Sukirman(a), BambangDwiHasto(b), and Abraham Arimuko(c)

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Corresponding Author
Sukirman -

Institutions
Students of Doctoral Program of Legal Sciences University of Borobudur

Abstract
This research aims to analyze legal protection for cosmetics consumer towards cosmetics circulation containing dangerous substance, and the responsibility of businessmen towards cosmetics products which harms consumers. The research method used in this study is sociological juridical approach, which is based on the legal approach that applies; from both laws and other laws and regulations and is also associated with the facts existed in society. The collected data will then be analyzed in accordance with the Law No.8 of 1999 concerning consumer protection, Law No. 36 of 2009 concerning Health, Indonesian Civil Code specifically the article 1365, 1366, 1367, and Government Regulation No.72 of 1998 concerning Pharmacy, and also the Decree of The Head of Indonesia National Agency of Drug and Food Control. The businessmen who produce cosmetics have to ensure that the products they produce is safe for consumption, is guaranteed, and qualified. Therefore, if there is any products causing harm to consumer, then the businessmen must be fully responsible for the burden of losses or harm suffered by the consumer. The responsibility from the businessmen can be in the form of compensation; can be in the form of refunds or replacement of goods of similar or equivalent value; health care; and/or appropriate compensation. Whereas, sanctions can be in the form of administrative sanctions up to criminal sanctions in accordance with applicable laws and regulations.

Keywords
legal protection, consumers, dangeours cosmetics.

Topic
Administratif Law

Link: https://ifory.id/abstract/tMCauWPqVUbj


THE URGENCY TO ESTABLISH STATE ADMINISTRATIVE COURT TO ACTUALIZE THE CONCEPT OF STATE LAW IN INDONESIA
Dr.Anom Wahyu Asmorojati,SH.,MH

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Corresponding Author
Anom Wahyu Asmorojati

Institutions
Universitas Ahmad Dahlan

Abstract
One characteristic of state law in Indonesia is the effectiveness of the administrative court, particularly the State Administrative Court (PTUN-Peradilan Tata Usaha Negara). However, the establishment, which was officially issued in Law number 5 of 1986, was brought about in 1991. It means that state administrative court was applied 46 years after Indonesia declared to be a state law. The research aims to know the urgency of State the establishment of State Administrative Law from the state lawpoint of view. The studies applied the normative juridical method by analyzing the effective regulations to answer the research in question. The fact shows that it is an urge to establish state administrative court in Indonesia. It should have been carried out since the declaration of independence in 1945. The delay indicates that the government sees it as unnecessary to set up a state law. it is required to prevent the violation of the rights of Indonesian people by those holding the authority

Keywords
Urgency, State Administrative Law, State Law

Topic
Administratif Law

Link: https://ifory.id/abstract/ACYBUbdHu2j6


Validity For Ownership of The Floating Houses In The Coast
Dipo Wahyono, Irit Suseno, Khabibul Aziz, Astria Yuli Satyarini Sukendar

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Corresponding Author
Astria Yuli Satyarini Sukendar

Institutions
17 Agustus 1945 Surabaya University

Abstract
Indonesia is Maritime nation. The number of a small island is one of the diversity possessed by Indonesia beside the diversity of culture and ethnicity. Indonesians who live in coastel areas in their daily lives can not be separated from their dependence on coastal resources due to the livelihoods of their inhabitans who depend on the sea. Their livelihood is sourced from the sea, so they choose to live in coastal areas. The potential and diverse natural resources in coastal areas become an attraction for the community to meet their daily needs, so that coastal settlements are formed that vary according to the level of community life. The increasing number of Indonesian people living in coastal areas is their reason to build floating houses in the coastal area where these floating houses are a place to live and gather a family. The house is a place where all family members stay and do activities that become daily routine. Based on the wisdom and customs of the surroundings, the floating houses, which generally belong to fishing communities, were established on their own initiative. So that its establishment is not based on permission from the government, and does not have the basis of rights like houses in general on the mainland. Whereas according to the Law of the Republic of Indonesia Number 28 Year 2009 concerning Regional Taxes and Regional Levies Article 1 paragraph (39) intended for construction is technical construction which is planted or permanently attached to land and / or inland and / or sea waters. The existence of a legal vacuum regarding floating houses causes community unrest towards the legitimacy of the floating houses themselves when in fact the indigenous people themselves have built floating houses long before the Basic Agrarian Law was made.

Keywords
floating houses, coast, maritime rights.

Topic
Administratif Law

Link: https://ifory.id/abstract/xaMRJwGjdupH


Village Laws Dillema : What Can The Village of Indonesia Do?
Fitria Esfandiari1 Sholahuddin Al-Fatih2

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Corresponding Author
Fitria Esfandiari

Institutions
Department of Law, Faculty of Law
University of Muhammadiyah Malang
Jl. Raya Tlogomas No. 246, Malang, East Java, Indonesia, 65144

Abstract
The enactment of Law No. 6 of 2014 concerning Villages (Village Law) has a significant impact on changing the position of the village from just the administrative area under the district to the entity that has the right to regulate and manage self-government affairs. Based on the initiative of the local community. Village problems that arise must be balanced with the implementation of principles that are the reference as contained in the explanation of article 24 letter d of the Village Law. One of them is in the principle of openness, namely the right of the community to obtain information that is true, honest and non-discriminatory about the administration of the Village Government. By continuing to pay attention to the provisions of the legislation. This study aims to conduct a study and formulate transparency that can be used by villages in the implementation of village governance. The research method used is a normative research method. with a statute approach. The results of the study show that efforts to empower the village community are one manifestation of accountability from the village administration to the policies and decisions that have been taken.

Keywords
Village, Information Openness, community empowerment

Topic
Administratif Law

Link: https://ifory.id/abstract/7eC49Rb6ygqK


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