I finally found a way to do this might not be the best solution but it's the one I found
Both subtil and stupid at the same time
After creating a copy of the basic plone folder in Portal types I just had to go in the Actions Tabs of my new folder type

And replace all the Category: Folder for all actions to
Category : object_tabs

then the content tab was still missing so I used the info from the one in portal_actions
which is :
Name : Contents
Id : folderContents
Action : string:${folder_url}/folder_contents
Condition : python:member
Permission : List folder contents
Category : object_tabs

And there you go... everythings seems to be working now it's kind of an ugly patch but still it works
Visible? checked

I just found something way better than my last solution
in portal_properties/site_properties there is a property, use_folder_tabs. Add the custom Folder type to that list.

So this is not a bug it was just something that was really poorly documented because I searched for quite a while and couldn't find anything on it.