I had the same thought when reading that regulation. In my case Imigrasi even asked about what I do in the Kitap process, and I gave them everything including the Akta which shows me as director, and they did not require a work permit, just issued the Kitap. And anyway, is just a ministry regulation, the UU manpower article 1 definition about TKA (repeated in perpres 2018) and article 61 of UU imigrasi 2011 are higher and prevail over contradicting lower regulations.That's actually an interesting one. There is definitely some contradiction here. The ministerial regulation in question (link in Indonesian), is a technical regulation for the issuance of a KITAS, ie. it is for the immigration officers to refer to as to what they need to do.
So for a spousal KITAS the technical requirements are (article 28.9):
a. Proof of marriage (akta perkawinan atau buku nikah) translated into Indonesian, unless it is in English.
b. Proof of marriage registration in Indonesia if marriage is done abroad.
c. RPTKA in the case where the foreigner is a tenaga kerja asing (TKA).
Now here is where the contradictions are:
1. Spousal KITAS by Indonesia's own definition is not eligible for TKA status (visa tidak dengan maksud untuk bekerja). Therefore a spousal KITAS holder is never a TKA as defined by the manpower law (Tenaga kerja asing adalah warga negara asing pemegang visa dengan maksud bekerja di wilayah Indonesia).
2. It is also illogical in cases where the spousal KITAS has been issued before the foreigner obtains a job. In this case the KITAS has been issued, then the foreigner gets a job so obviously technical guidelines on how to obtain a KITAS are moot at this point.